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HQ 961270

April 15, 1998

CLA-2 RR:CR:GC 961270 ALS


TARIFF NO.: 4015:11:0000

Port Director of Customs
U. S. Customs Service
Los Angeles/Long Beach Area
300 S. Ferry Street
Terminal Island, CA 90731

RE: Application for Further Review of Protest 2704-97-102641, dated August 6, 1997, Regarding Disposable Latex Gloves

Dear Port Director:

This is in reference to a protest filed against 4 of your decisions of May 1997, concerning the classification of ambidextrous latex rubber gloves from Malaysia.

Your comments submitted with the protest noted several prior Headquarters rulings indicating that the merchandise should be classified in subheading 4015.11.0000, HTSUSA, but that you had received further guidance that the merchandise should be classified, as the entries were liquidated, in subheading 4015.19.1000, HTSUSA, "in the absence of any proof that the gloves in each shipment passed or would pass the FDA requirements."

We have reviewed the protest record and the rulings previously issued as to this merchandise. We find no basis at this time for disturbing those rulings. Accordingly, the holding in the previous rulings should be followed and the protest granted.

A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

In accordance with Section 3A(11)(b) of Customs Directive 099 3553-065, dated August 4, 1993, Subject, Revised Protest Directive, this decision should be provided by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entries in accordance with this decision must be accomplished prior to the mailing of 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 the public via the Diskette Subscription Service, Freedom of Information Act and other public access channels.


John Durant, Director
Commercial Rulings Division

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