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HQ 957650

MAY 23, 1995

CLA-2 R:C:M 957650 JAS


TARIFF NO.: 8466.93.90

RE: PRD 1303-94-100253; Parts of Machines for Working Rubber or Plastics or for the Manufacture of Products From These Materials; Parts of Machine Tools for Working Hard Rubber, Hard Plastics or Similar Hard Materials; Denial of Protest for Failure to Provide Evidence in Support of Claim, 19 CFR

Dear District Director:

This is our decision on Protest No. 1303-94-100253, filed against your classification of certain machine parts. The entry under protest was liquidated on August 5, 1994, and this protest timely filed on September 1, 1994.

Under 19 U.S.C. 1514(c)(1), a protest of a decision under subsection (a) of section 1514 must set forth distinctly and specifically each decision as to which protest is made. In addition, 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. 19 CFR 174.13(a)(6). The scope of review in a protest filed under 19 U.S.C. 1514 is limited to the administrative record. In acting on a protest, however, Customs lacks the 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 classify the machine parts in subheading 8466.93.90, Harmonized Tariff Schedule of the United States (HTSUS), as parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465. However, protestant has submitted no evidence in support of the claim under subheading 8477.90.80, HTSUS. While parts suitable for use solely or principally with blow molding machines are classifiable in subheading 8477.90, HTSUS, as claimed by protestant, this classification is subject to the exclusions in Note 1 of Section XVI, and to other exclusions in the legal notes of Chapter 84, HTSUS.

We are unable to determine from the commercial invoice which accompanies this protest whether any of the parts may be within these exclusionary notes. There is no other evidence in the protest file from which we can independently assess the validity of protestant's claim. The protest is therefore DENIED based on protestant's failure to comply with the requirements of 19 CFR

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, the Freedom of Information Act and other public access channels.


John Durant, Director
Commercial Rulings Division

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