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HQ 227305

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September 30, 1997

PRO-2-02-RR:IT:EC 227305 LTO

CATEGORY: LIQUIDATION

Port Director of Customs
P.O. Box 3130
Juarez-Lincoln Bridge
Laredo, Texas 78044-3130

RE: Protest 2304-96-100103

Dear Port Director:

This is in reference to Protest 2304-96-100103, filed by Intercargo Insurance Company, concerning the importation of jalapeno peppers. The date of the formal demand on surety was February 3, 1996. This protest was timely filed pursuant to 19 U.S.C. 1514(c)(3) on May 9, 1996.

By letter dated September 15, 1997 (copy enclosed), Intercargo advised this office that it was withdrawing this protest as they "have been unable to find any protestable issues in order to supplement our protest." Accordingly, the protest should be denied.

HOLDING:

The protest should be DENIED.

In accordance with section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19, should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to the mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.

Sincerely,

Director, International Trade

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