CLA-2 CO:R:C:G 087082 JMH
TARIFF NO.:
John J. Galvin, Esq.
Galvin, Haroian & Mlawski
425 Park Avenue - 29th Floor
New York, New York 10022
RE: Temporary duty suspension under Chapter 99, Harmonized
Tariff Schedule of the United States Annotated
Dear Mr. Galvin:
This is in response to your April 27, 1990, letter
requesting an information letter concerning the temporary duty
suspension provisions under Chapter 99, Harmonized Tariff
Schedule of the United States Annotated ("HTSUSA"). You request
confirmation of your position that a judicial or administrative
decision's reclassification of an imported article will not
affect that imported article's eligibility under any temporary
duty suspension provisions.
An "information letter" is a written statement issued
by the Headquarters Office or the Regional
Commissioner, New York Region, that does no more than
call attention to a well-established interpretation or
principle of Customs law, without applying it to a
particular set of facts. Customs Regulation
177.1(d)(2), 19 C.F.R. 177.1(d)(2) (1989).
Neither the Headquarters Office nor the Regional
Commissioner, New York Region has addressed the issue you
present. No well-established interpretation or principle of
Customs law exists on this point. A response to your inquiry
cannot be in the form of an information letter. This office,
therefore, considers your request to be for a ruling.
A "ruling" is a written statement issued by the
Headquarters Office or the Regional Commissioner, New
York region, that interprets and applies the provisions
of the Customs and related laws to a specific set of
facts. Customs Regulation 177.1(d)(1), 19 C.F.R.
177.1(d)(1).
-2-
This office cannot issue rulings "which are essentially
hypothetical in nature or in any instance in which it appears
contrary to the sound administration of the Customs and related
laws to do so." Customs Regulation 177.7, 19 C.F.R. 177.7.
Since no actual circumstance is presented upon which this
office could rule, your question is hypothetical in nature. It
would be contrary to the sound administration of the Customs laws
to issue a ruling without precise facts to address.
Should you wish to resubmit a ruling request detailing the
situation that causes your concern, we will issue a ruling in
accordance with the ruling procedure of Customs Regulation 177,
19 C.F.R. 177.
Sincerely,
John Durant, Director
Commercial Rulings Division