CLA-2 RR:CR:GC 961270 ALS
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.
Sincerely,
John Durant, Director
Commercial Rulings Division