HQ 955017
DECEMBER 28 1993
CLA-2:CO:R:C:M 955017 JAS
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.
Sincerely,
John Durant, Director
Commercial Rulings Division