HQ 0734379 - Revocation of HRL 733787 - United States International Trade Commision Rulings

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HQ 734379

April 27, 1992

MAR 2-05 CO:R:C:V 734379 LR

CATEGORY: MARKING

Mr. Abdul Yagub
Eastern Imports Ltd.
1 S. 660 Midwest Road
Suite 150
Oakbrook Terrace, IL 60181

RE: Revocation of HRL 733787

Dear Mr. Yagub:

This is to advise you that the above referenced ruling, is revoked retroactively to March 14, 1991, the date it was issued. As indicated below, the ruling request omitted a material fact and did not pertain to a prospective transaction.

By letter dated September 14, 1990, Broker Power, Inc. requested on your behalf a ruling regarding the country of origin of bedsheets and pillow cases processed in two different countries. As set forth in your request the merchandise was to be made from griege fabric from Kuwait and processed in Sri Lanka by (1) desizing; (2) scouring; (3) shrinking; (4) bleaching; (5) singeing; (6) sizing and finishing; (7) stentor drying and shrinking; (8) calendering; (9) cutting; and (10) sewing. On March 14, 1991, HRL 733787 was issued in response to your request.

Our office has just learned that on August 27, 1990, approximately two weeks prior to the submission of the ruling request, a shipment of bedsheets and pillow cases imported by your company was seized by Customs, based in part on an alleged country of origin violation and that this matter is still pending. Moreover, you have alleged that the seized merchandise was processed in the identical manner set forth above (except that different countries was stated in your ruling request). Although there was no mention of the pending seizure case in the ruling request, HRL 733787 was cited in your petition and supplemental petition requesting relief from the seizure.

Pursuant to 19 CFR 177.9(d) a ruling letter may be revoked retroactively if the ruling request contains an omission of material fact and/or the transaction was not prospective at the time the ruling was issued. Because you failed to advise us in the ruling request of the seizure and because at the time HRL 733787 was issued the transaction was not prospective, HRL 733787 is revoked retroactive to March 14, 1991.

A copy of this letter has been provided to the Penalties Branch, which is presently reviewing your supplemental petition for cancellation or remission of the seizure.

Sincerely,

John Durant, Director

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