Application for Further Review of Protest No: 1704-09-100494; Sewer Pump Cleaning Nozzles

HQ H112601 August 18, 2010 CLA-2- OT:RR:CTF:TCM H112601 DAC CATEGORY: Classification Port Director Service Port of Atlanta 4341 International Parkway Suite 600 Atlanta, GA 30354 Re: Application for Further Review of Protest No: 1704-09-100494; Sewer Pump Cleaning Nozzles Dear Port Director: The following is our decision regarding the Application for Further Review (“AFR”) of Protest No. 1704-09-100494, timely filed on November 9, 2009, on behalf of USB – Sewer Equipment. The subject AFR concerns the classification of sewer pump cleaning nozzles under the Harmonized Tariff Schedule of the United States (HTSUS). Upon examination of the AFR, we are administratively closing this file and returning it for your disposition. Protestant has not identified a basis for granting further review as explained below. The requirements for an AFR are set forth in the applicable regulations, section 174.24 of the CBP regulations (19 C.F.R. §174.24), which provide: Further review of a protest which would otherwise be denied by the port director shall be accorded a party filing an application for further review which meets the requirements of §174.25 when the decision against which the protest was filed: Is alleged to be inconsistent with a ruling of the Commissioner of Customs or his designee, or with a decision made at any port with respect to the same or substantially similar merchandise; Is alleged to involve questions of law or fact which have not been ruled upon by the Commissioner of Customs or his designee or by the Customs courts; Involves matters previously ruled upon by the Commissioner of Customs or his designee or by the Customs courts but facts are alleged or legal arguments presented which were not considered at the time of the original ruling; or Is alleged to involve questions which the Headquarters Office, United States Customs Service, refused to consider in the form of a request for internal advice pursuant to §177.11(b)(5) of this chapter. Further review will be accorded to a party filing an AFR that meets the requirements of section 174.25 and at least one of the criteria in section 174.24. In this case, the Protestant does not cite or otherwise reference any of these criteria on either the CBP Form 19 or the accompanying attachment. Consequently, the criteria for further review have not been met and therefore, we are returning the Protest to you for your disposition. If you have any questions regarding the foregoing, please call Dean Cantalupo, of my staff, at (202) 325-0085. Sincerely, Myles B. Harmon, Director Commercial and Trade Facilitation Division