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HQ 950767

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February 24, 1992

CLA-2 CO:R:C:M 950767 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.90.00

District Director
U.S. Customs Service
300 South Ferry Street
Terminal Island
San Pedro, CA 90731

RE: Protest No. 2704-91-103918; Television Camera Equipment

Dear Sir:

This is our response to Application for Further Review of Protest No. 2704-91-103918, dated August 22, 1991, concerning your action in classifying and assessing duty on certain television camera equipment under the Harmonized Tariff Schedule of the United States (HTSUS).

It has come to our attention from the Assistant Chief Counsel's office that merchandise similar to the subject television camera equipment is the subject of pending litigation before the Court of International Trade in Sachtler Corp. of America v. United States (91-06-00439). Because the same issues appear to be involved, it would be imprudent to rule on the subject merchandise at this time. Consequently, until this litigation is resolved, protests regarding the classification of this merchandise should be denied. Following the Government's position in the pending litigation, the television camera equipment is classifiable under subheading 7616.90.00, HTSUS, which provides for: "[o]ther articles of aluminum: [o]ther."

A copy of this letter should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director

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