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HQ 964541




September 28, 2000

CLA-2 RR:CR:TE 964541 RH

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.2020

Port Director
U.S. Customs Service
555 Battery Street
San Francisco, CA 94111

RE: Protest Number 2809-00-100199; HQ 964035

Dear Sir:

This is in reply to your memorandum of March 30, 2000, and CF 6445A, forwarding the above referenced Application for Further Review of Protest to our office for a decision.

Please note that the "OR&R Control Number" in the protest module for this protest is Headquarters Ruling Letter (HQ) 964035.

The protest is against Customs classification of offset printing posters under subheading 4911.91.2020 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, among other things, lithograph on paper or paperboard. The protestant claims that Customs has consistently classified its merchandise under subheading 4911.91.4020, HTSUSA, as posters other than lithograph on paper, and that it should be entitled to a treatment under 19 U.S.C. ยง1625(c)(2).

On August 16, 2000, Customs published a notice in the Customs Bulletin, Volume 34, Number 33, concerning the proposed revocation of treatment previously accorded by Customs to the classification of offset printing posters and HQ 964035, revoking a treatment to the protestant, Clover Editions. In HQ 964035, we found that a treatment existed of classifying the protestant's merchandise under subheading 4411. 91.4020, HTSUSA. We further found, however, that the correct classification of the merchandise is subheading 4911.91.2020, HTSUSA.

A General Notice of Revocation of Treatment as well as HQ 964035 should be published in the Customs Bulletin on October 11, 2000. The ruling will become effective 60 days after its publication.

For your convenience, we are enclosing a copy of HQ 964035. Since that decision is dispositive of the instant protest, the merchandise should be reliquidated in accordance with that ruling, i.e. under subheading 4911.91.4020, HTSUSA. Please note that after the effective date of the final publication of the ruling in the Customs Bulletin, the protestant's merchandise must be entered in accordance with the classification set forth in the final ruling, i.e., subheading 4911.91.2020, HTSUSA.

If you have any questions concerning the treatment issue, effective date of HQ 964035, or the ORR control number in the protest module, please contact Rebecca Hollaway at (202) 927-2394.

HOLDING:

The protest should be GRANTED.

In accordance with Section 3A(11)(b) of Customs Directive 099 3550065, 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 the mailing of this 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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