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HQ 544877

December 23, 1991

VAL CO:R:C:V 544877 DPS

CATEGORY: VALUATION

District Director
Baltimore, Maryland

RE: Application for Further Review of Protest No. 1303-91-100343; foreign inland freight

Dear Sir:

The subject protest and application for further review concerns the appraisement of automobiles imported from Japan by American Honda Motor Co., Inc. (American Honda). Specifically, the protest seeks to exclude from transaction value, charges for foreign inland freight and other services the protestant claims are incident to the shipment of the merchandise to the U.S.

Protestant's counsel advises that American Honda has filed seven actions involving similar claims with respect to the same category of merchandise in the Court of International Trade. These seven actions cover a total of 77 denied protests. The Court of International Trade has not yet reached a decision in any of the seven actions.

Based on the fact that 77 protests involving similar claims with respect to the same type of merchandise have been denied, and are currently pending before the Court of International Trade, you are hereby directed to deny the subject protest. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director

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