Decision on Application for Further Review of Protest No. 0901-96-101256; demand for redelivery

HQ 960409 October 24, 1997 CLA-2 RR:TC:TE 960409 jb CATEGORY: Classification Port Director U.S. Customs 111 W. Huron Street Buffalo, NY 14202 RE: Decision on Application for Further Review of Protest No. 0901-96-101256; demand for redelivery Dear Sir: This is a decision on application for further review of a protest timely filed by Grunfeld, Desiderio, Lebowitz & Silverman, LLP, on behalf of K & M Garment Mfg. Inc., against your decision to demand redelivery of importations of women's wearing apparel. FACTS: On April 25, 1996, Customs issued Notices to Redeliver on Customs Forms CF 4647 to K & M Garment Mfg. Inc. with respect to certain women's knit wearing apparel. The Protestant claims that the demand for redelivery for this merchandise was untimely based on the date of entry for this merchandise (approximately the period of October 30,1995 through March 20, 1996), that is more than 30 days after entry and release of the merchandise. ISSUE: Whether the issuance of the redelivery notices was proper? LAW AND ANALYSIS: 19 CFR section 141.113(b) states: For purposes of determining whether the country of origin of textiles and textile products subject to the provisions of 12.130 of this chapter has been accurately represented to Customs, the release from Customs custody of any such textile or textile product shall be deemed conditional during the 180-day period following the date of release. If the port director finds during the conditional release period that a textile or textile product is not entitled to admission into the commerce of the United States because the country of origin of the textile or textile product was not accurately represented to Customs, he shall promptly demand its return to Customs custody. Notwithstanding the provisions of paragraph (h) of this chapter and 113.62(k)(1) of this chapter, a failure to comply with a demand for return to Customs custody made under this paragraph shall result in the assessment of liquidated damages equal to the value of the merchandise involved. The plain language of the above referenced regulation is clear on its face. The issue at hand addresses the country of origin of the subject merchandise and the manufacturing processes which occur in the claimed country of origin. In the case of the subject wearing apparel Customs had reason to believe that the claimed country of origin was incorrect. Thus, as explicitly stated in the regulation, Customs was well within its legal right to act upon the conditional release period mandated by the regulation. Accordingly, the protest is denied in full. HOLDING: The protest should be denied in full and a copy of this ruling should be appended to the CF 19 Notice of Action to satisfy the notice requirement of section 174.30(a) Customs Regulations. In accordance with Section 3(A)(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the Protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to 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