HQ 0223617 - Application for Further Review of Protest No. 1001-91-002452; 19 U.S.C. 1514; 19 CFR 174.13(a)(6) - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0223541 - HQ 0223772 > HQ 0223617

HQ 223617

January 21, 1992

PRO-2-02 CO:R:C:E 223617 SLR

CATEGORY: ENTRY

Regional Commissioner
U.S. Customs
New York Region
6 World Trade Center, Room 762
New York, NY 10048-0945

RE: Application for Further Review of Protest No. 1001-91-002452; 19 U.S.C. 1514; 19 CFR 174.13(a)(6)

Dear Sir:

The above-referenced protest was forwarded to our office for further review. We have examined its contents and our decision follows.

FACTS:

The protest is directed against Customs March 15, 1991 demand for redelivery of certain plastic bag clips entered on March 8, 1991. It reads as follows:

ON BEHALF OF THE IMPORTER OF RECORD,
THIS PROTEST IS SUBMITTED REGARDING
THE EXCLUSION FOR ENTRY CONSUMPTION
OF PLASTIC BAG CLIPS-CHECKERED PATTERN
DESIGN. TOTAL QUANTITY 9646 PCS.
THE MERCHANDISE IS SUBJECT TO ITC
EXCLUSION 337-TA-170, PATENT VIOLATION
AND DEMAND FOR REDELIVERY TO CUSTOMS
CUSTODY OR REXPORTATION OR DESTRUCTION
HAS BEEN MADE (CF 4647 DATED 03/15/91,
COPY ATTACHED). CST 212 IS WAITING UPON
ORR AS THE VALIDITY OF THE EXCLUSION ORDER. AN EXPEDITIOUS RESPONSE IS REQUESTED.

ISSUES:

Can Customs decide the validity of the ITC exclusion order?

Does the exclusion order cover the subject merchandise?

LAW AND ANALYSIS:

The protestant states that the merchandise is subject to the ITC exclusion order. The validity of that order is not the proper subject of a protest since it is not a decision of a Customs officer. Protests under 19 U.S.C. 1514 are limited to challenges against decisions of a Customs officer.

If the protestant is challenging the application of the ITC exclusion order, Customs will not decide this issue since the protest fails to contain any factual material or legal arguments in support of this claim. Section 174.13(a)(6) of the Customs Regulations (19 CFR 174.13(a)(6)) requires that a protest contain the nature of, and justification for the objection set forth distinctly and specifically with respect to each claim.

HOLDING:

Based on the foregoing discussion, you are instructed to deny the protest in full. You should supply the protestant with a copy of this decision along with the Form 19 Notice of Action.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling