MAR 2-05 CO:R:C:V 734379 LR
Mr. Abdul Yagub
Eastern Imports Ltd.
1 S. 660 Midwest Road
Suite 150
Oakbrook Terrace, IL 60181
RE: Revocation of HRL 733787
Dear Mr. Yagub:
This is to advise you that the above referenced ruling, is
revoked retroactively to March 14, 1991, the date it was issued.
As indicated below, the ruling request omitted a material fact
and did not pertain to a prospective transaction.
By letter dated September 14, 1990, Broker Power, Inc.
requested on your behalf a ruling regarding the country of origin
of bedsheets and pillow cases processed in two different
countries. As set forth in your request the merchandise was to
be made from griege fabric from Kuwait and processed in Sri Lanka
by (1) desizing; (2) scouring; (3) shrinking; (4) bleaching; (5)
singeing; (6) sizing and finishing; (7) stentor drying and
shrinking; (8) calendering; (9) cutting; and (10) sewing. On
March 14, 1991, HRL 733787 was issued in response to your
request.
Our office has just learned that on August 27, 1990,
approximately two weeks prior to the submission of the ruling
request, a shipment of bedsheets and pillow cases imported by
your company was seized by Customs, based in part on an alleged
country of origin violation and that this matter is still
pending. Moreover, you have alleged that the seized merchandise
was processed in the identical manner set forth above (except
that different countries was stated in your ruling request).
Although there was no mention of the pending seizure case in the
ruling request, HRL 733787 was cited in your petition and
supplemental petition requesting relief from the seizure.
Pursuant to 19 CFR 177.9(d) a ruling letter may be revoked
retroactively if the ruling request contains an omission of
material fact and/or the transaction was not prospective at the
time the ruling was issued. Because you failed to advise us in
the ruling request of the seizure and because at the time HRL
733787 was issued the transaction was not prospective, HRL 733787
is revoked retroactive to March 14, 1991.
A copy of this letter has been provided to the Penalties
Branch, which is presently reviewing your supplemental petition
for cancellation or remission of the seizure.
Sincerely,
John Durant, Director
Commercial Rulings Division
cc: Broker Power, Inc.
Penalties Branch]