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HQ 964689




April 9, 2001

CLA- 2 RR:CR:TE mbg

CATEGORY: CLASSIFICATION

TARIFF NO: 4202.92.90

Mr. James C. Alberdi
A.J. Arango, Inc.
1516 East 8th Avenue
Tampa, FL 33605

RE: Classification of Jewelry Rolls

Dear Mr. Alberdi:

This is in response to your correspondence with U.S. Customs dated November 13, 2000, in which you object to the classification of jewelry rolls under the Harmonized Tariff Schedule of the United States Annotated (“HTSUSA”). On July 29, 1998, Customs issued Port Decision (“PD”) C89581 to your company on behalf of Bufkor, Inc., regarding the tariff classification of a watch folder and two jewelry rolls with outer surfaces of vinyl. The jewelry rolls were originally classified under subheading 4202.92.4500, HTSUSA. Upon review, Customs determined that the jewelry rolls were erroneously classified under 4202.92.4500, HTSUSA, and, with respect to the jewelry rolls, modified PD C89581 pursuant to 19 C.F.R. § 177.9 (d). The classification for the merchandise was amended to subheading 4202.92.90, HTSUSA based on the classification as a jewelry roll “with an outer surface of sheeting of plastic or of textile materials.”

On May 17, 2000, the proposed modification of PD C89581 was published in the Customs Bulletin and interested parties were advised that the comment period would expire thirty days henceforth. No comments were received in response to this notice. Revocations and modifications of Customs decisions are provided for in 19 U.S.C. § 1625(c) which states:

A proposed interpretive ruling or decision which would –

(1) modify (other than to correct a clerical error) or revoke a prior interpretive ruling or decision which has been in effect for at least 60 days; or

(2) have the effect of modifying the treatment previously accorded by the Customs Service to substantially identical transactions;
shall be published in the Customs Bulletin. The Secretary shall give interested parties an opportunity to submit, during not less than the 30-day period after the date of such publication, comments on the correctness of the proposed ruling or decision. After consideration of any comments received, the Secretary shall publish a final ruling or decision in the Customs Bulletin within 30 days after the closing of the comment period. The final ruling or decision shall become effective 60 days after the date of its publication.

Pursuant to 19 U.S.C. § 1625(c), the final modification of PD C89581, issued as Headquarter Ruling Letter (“HQ”) 962245, was published in the Customs Bulletin on July 5, 2000. Your objection to the classification of the subject jewelry rolls, submitted to Customs in the form of a letter dated November 13, 2000, is therefore untimely. HQ 962245 represents the final agency decision on the matter. Should you wish to further challenge the classification decision of the Customs Service regarding the subject jewelry rolls, then a formal protest needs to be filed pursuant 19 C.F.R. § 174.25 or a summons needs to be filed with the Court of International Trade.

Sincerely,

John Durant, Director

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