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HQ 955017

DECEMBER 28 1993

CLA-2:CO:R:C:M 955017 JAS


TARIFF NO.: 8108.90.30, 8108.90.60

District Director of Customs
127 N. Water Street
Ogdensburg, NY 13699

RE: PRD 0712-93-100436; Titanium Pipe, Reducer Spool Piece, Stub End With Flange, Pipe Fittings; Parts of Machinery for Producing Paper Pulp, Heading 8419; Denial of Protest for Failure to Provide Evidence in Support of Claim; 19 CFR 174.13(a)(6)

Dear Sir:

This is our decision on Application for Further Review of Protest No. 0712-93-100436, filed by Tower Group International, Inc., against your action in classifying certain titanium pipes and pipe fittings. The entry in question was liquidated on January 15, 1993, and this protest timely filed on April 14, 1993.

The Customs Regulations require that a protest set forth the nature of and justification for the objection set forth distinctly and specifically with respect to each decision against which protest is made. 19 CFR 174.13(a)(6).

The merchandise in issue is titanium pipe and titanium reducers and stub ends entered by protestant under the provision for parts of machinery and plant for making paper pulp, paper or paperboard by a process involving a change in temperature, in subheading 8419.90.20, Harmonized Tariff Schedule of the United States (HTSUS). You determined that these articles were not identifiable parts of anything and reclassified the reducers and stub ends as articles of titanium, in subheading 8108.90.30, HTSUS, and the pipe as other titanium, in subheading 8108.90.60, HTSUS.

The scope of review in a protest filed under 19 U.S.C. 1514 is limited to the administrative record. Customs will consider all relevant allegations that are supported by competent evidence. In acting on a protest, however, Customs lacks the - 2 -
legal authority to assume facts and arguments that are not presented and, therefore, not in the official record.

In this case, protest is properly made against your decision to liquidate the concerned entry under subheadings 8108.90.30 and 8108.90.60, HTSUS. However, protestant has submitted no evidence in support of the claimed classification, nor are the submitted drawings of the articles sufficient to allow us to independently determine the validity of the claim.

Based on protestant's failure to comply with the requirements of 19 CFR 174.13(a)(6), this protest should be denied. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you should 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 mailing the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, Lexis, the Freedom of Information Act and other public access channels.


John Durant, Director
Commercial Rulings Division

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