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HQ 966609




August 5, 2003

CLA-2 RR:CR:GC 966609AM

CATEGORY: CLASSIFICATION

TARIFF NO.: 1516.20.90

Port Director
U.S. Customs and Border Protection
4341 International Pkwy. #600
Atlanta, GA 30354

RE: Protest 1704-03-150002; Cap-off additive (CA210.2)

Dear Port Director:

This is in reference to Protest 1704-03-150002, dated February 19, 2003, concerning your classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of Cap-off additive (CA210.2), a vegetable derived modified triglyceride.

19 CFR 174.13 states, in pertinent part, the following:

(a)Contents, in general. A protest shall contain the following information:

(5) A specific description of the merchandise affected by the decision as to which protest is made;

Customs Form 6445A, Box 29, states, in pertinent part, the following: “National Ink did not submit a sample to the lab. Their response to the questionnaire was insufficient and did not allow confirmation of the classification.” Based on this statement, denial of the protest would be proper under 19 CFR 174.13, for lack of a specific description of the merchandise. However, we understand that the Customs Laboratory has now received a sample of the merchandise and is in the process of analyzing it. We are therefore returning the protest to your office for further review now that a sample has been received and administratively closing this file in our office as the issue is not yet ripe for Headquarter's review.

If this matter is not disposed of by your office, we will be glad to review the issue in Headquarters once the laboratory analyses are complete, and questions regarding the starting material, processing steps, and relative composition of ingredients in the final product have been answered.

If, in the future, the protestant fails to timely provide requested information or samples, as required under 19 USC 1484, to enable your port to properly appraise and classify its merchandise, and it files a protest on that merchandise without providing the required information, that protest and the AFR application, if made, should be denied and not sent to Headquarters. We are making the protestant aware of this letter by providing it with a copy so that its future actions may be adjusted to insure this situation is not repeated.

If you have any questions, please contact Allyson Mattanah, of my staff, at 202-572-8784.

Sincerely,

Myles B. Harmon, Director

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