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HQ 967724

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June 19, 2006

CLA-2 RR:TCM:CTF 967724 TMF

CATEGORY: CLASSIFICATION

Customs and Border Protection
610 S. Canal Street
Room 306
Chicago, IL 60607

RE: Protest 3901-04-101569

Dear Port Director:

This is in reply to your correspondence forwarding Application for Further Review of Protest (AFR) 3901-04-101569, filed by the law firm of Grunfeld, Desiderio, et al., on behalf of Mast Industries, Inc.

The protest and Application for Further Review (hereinafter “AFR”), which was timely filed on November 29, 2004, is against Customs and Border Protection’s (CBP) Notice to Redeliver, dated August 30, 2004, for failure to present the proper visa for certain women’s nightdresses and pajamas.

In correspondence to our office, you indicated that the Notice to Redeliver was cancelled on or about November 1, 2004. Your office also has indicated that a Notice of Penalty or Liquidated Damages related to the Redelivery Notice in question was also cancelled on November 1, 2004.

Based on this information, we find the protest is moot. We are returning this AFR for action by your office and notification to the protestant of the cancellation of the protest as there is no protestable action.

Sincerely,

Gail A. Hamill, Chief
Tariff Classification and Marking Branch

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