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  • 0.3
  • HQ 562149
  • Aug 01, 2002
  • Type: may be regarded as failing to qualify for classification in heading 9706 as "antique," we refer to the provisions of General Note 19, HTSUS. This note provides, in general, that when goods subject to different rates have been commingled in such a way that the quantity or value of each class cannot be readily ascertained without physical segregation of the goods, the commingled goods shall be subject to the highest rate. Customs Regulations provide in 19 CFR 152.13 that when Customs discovers commingled goods, the importer shall be notified and allowed the opportunity to perform the segregation necessary to ascertain the quantity of each class of good. However, in the instant situation, the protestant had already performed a segregation on the invoices as to which were eligible for tariff treatment as American Goods under heading 9801, HTSUS. Customs appraisal was conducted to verify protestant's classification. See Headquarters Ruling Letter (HRL) 961414, dated July 9, 1998. There • HTSUS: 9105.29.5000; 9105.99.6000
     Related:   961414; 726711; 729518   

Application for Further Review and Protest No. 4101-01-100169; Classification and marking of imported clocks; Antiques; U.S. Additional Note 4, Chapter 91, HTSUS; Special marking requirements; 19 CFR 134.43(b); 19 CFR 11.9

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