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HQ 962362

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February 15, 2000

CLA-2 RR:CR:TE 962362 jb

CATEGORY: CLASSIFICATION

Port Director
US Customs
423 Canal St
New Orleans, LA 70130

RE: Decision on Application for Further Review of Protest No. 2002-98-100427; demand for redelivery

Dear Sir:

This is a decision on application for further review of a protest timely filed by Meeks & Sheppard, on behalf of Premier Sports Group, against your decision to demand redelivery of importations of ladies’ knit T-shirts.

FACTS:

On April 15, 1998, the Protestant entered a shipment of 1,050 dozen ladies’ knit T-shirts (referenced style numbers 7534, 7531 and 7532). Similarly, on April 21, 1998, the Protestant made a second entry of 118, 559 dozen ladies’ knit T-shirts (referenced style numbers 7528, 7530, 7531, 7532, and 7534). The Protestant claimed El Salvador as the country of origin for these garments. Subsequent to those entries, Customs issued two redelivery notices, dated May 6, 1998, for those garments. Customs did so based on the belief that El Salvador was not the country of origin for this merchandise.

On May 6, 1998, Customs issued two Notices to Redeliver on Customs Forms CF 4647 to Premier Sports Group with respect to the two entries of ladies’ knit T-shirts . The Protestant claims that the subject protest should be allowed and the demand for redelivery for this merchandise should be canceled based on the fact that the textile declarations were incorrectly prepared by the foreign contractor.

ISSUE:

Whether the protest should be allowed and the issuance of the redelivery notices should be canceled?

LAW AND ANALYSIS:

19 CFR section 141.113(b) states:

For purposes of determining whether the country of origin of textiles and textile products subject to the provisions of §12.130 of this chapter has been accurately represented to Customs, the release from Customs custody of any such textile or textile product shall be deemed conditional during the 180-day period following the date of release. If the port director finds during the conditional release period that a textile or textile product is not entitled to admission into the commerce of the United States because the country of origin of the textile or textile product was not accurately represented to Customs, he shall promptly demand its return to Customs custody. Notwithstanding the provisions of paragraph (h) of this chapter and §113.62(k)(1) of this chapter, a failure to comply with a demand for return to Customs custody made under this paragraph shall result in the assessment of liquidated damages equal to the value of the merchandise involved.

The Port Director is the official designated to determine the country of origin of textiles and textile products. See 19 C.F.R. Part 12 and 19 C.F.R. Part 141. In the case of the subject wearing apparel the you, the port director had reason to believe that the claimed country of origin was incorrect. It is Headquarters belief that cases involving the sufficiency of documentation to justify country of origin are not the type of factual determinations warranting further review by the Office of Regulations and Rulings, Headquarters.

Sufficient information on the documentary and evidentiary requirements have been made available to Customs officers and the importing community to make all parties aware of what is required to establish origin. As indicated above, you determined that those documentary and evidentiary requirements had not been met. Headquarters review of the documentation submitted by the Protestant has lead us to the conclusion that your decision was consistent with the information provided and in accordance with the existing directives.

Thus, as explicitly stated in the regulation, Customs was well within its legal right to act upon the conditional release period mandated by the regulation. Accordingly, the protest is denied in full and the notices of redelivery are deemed proper.

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, you are to mail this decision, together with the Customs Form 19, to the Protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision, the Office of Regulations and Rulings will make the decision available to Customs personnel, and to the public on the Customs Home Page on the World Wide Web at www.customs.ustreas.gov, by means of the Freedom of Information Act, and other methods of public distribution.

Sincerely,

John Durant, Director
Commercial Rulings Division

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