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HQ 962520




November 26, 2001

CLA-2 RR:CR:TE 962520 JFS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.3560

Port Director
Port of New York
C/O Chief, Residual Liquidation and Protest Branch 1 Penn Plaza, 10th Floor
New York, NY 10119

RE: Application for Further Review of Protest No. 1001-98-101033

Dear Sir:

This is a decision on a protest timely filed on May 7, 1998, by Grunfeld, Desiderio, Lebowitz, Silverman & Kledstadt, LLP, on behalf of Nine West. By letter dated November 21, 2001 (enclosed), the Protestant, through counsel, has withdrawn its Protest and Application for Further Review. In order to close out this matter in ACS, consider and treat this protest as if it were denied.

In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, Revised Protest Directive, dated August 4, 1993, a copy of this decision attached to Customs Form 19, Notice of Action, should be provided by your office to the protestant no later than 60 days from the date of this decision. Since there are no reliquidations involved in this protest, you should be able to accomplish this direction prior to the 60 day period.

Sixty days from the date of this decision the Office of Regulations and Rulings will take steps to make this decision available to Customs personnel, and to the general 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 public access channels

Sincerely,

John Durant, Director
Commercial Rulings Division


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