Application for Further Review of Protest No. 1001-91-002452; 19 U.S.C. 1514; 19 CFR 174.13(a)(6)

HQ 223617 January 21, 1992 PRO-2-02 CO:R:C:E 223617 SLR CATEGORY: Entry Regional Commissioner U.S. Customs New York Region 6 World Trade Center, Room 762 New York, NY 10048-0945 RE: Application for Further Review of Protest No. 1001-91-002452; 19 U.S.C. 1514; 19 CFR 174.13(a)(6) Dear Sir: The above-referenced protest was forwarded to our office for further review. We have examined its contents and our decision follows. FACTS: The protest is directed against Customs March 15, 1991 demand for redelivery of certain plastic bag clips entered on March 8, 1991. It reads as follows: ON BEHALF OF THE IMPORTER OF RECORD, THIS PROTEST IS SUBMITTED REGARDING THE EXCLUSION FOR ENTRY CONSUMPTION OF PLASTIC BAG CLIPS-CHECKERED PATTERN DESIGN. TOTAL QUANTITY 9646 PCS. THE MERCHANDISE IS SUBJECT TO ITC EXCLUSION 337-TA-170, PATENT VIOLATION AND DEMAND FOR REDELIVERY TO CUSTOMS CUSTODY OR REXPORTATION OR DESTRUCTION HAS BEEN MADE (CF 4647 DATED 03/15/91, COPY ATTACHED). CST 212 IS WAITING UPON ORR AS THE VALIDITY OF THE EXCLUSION ORDER. AN EXPEDITIOUS RESPONSE IS REQUESTED. ISSUES: Can Customs decide the validity of the ITC exclusion order? Does the exclusion order cover the subject merchandise? -2- LAW AND ANALYSIS: The protestant states that the merchandise is subject to the ITC exclusion order. The validity of that order is not the proper subject of a protest since it is not a decision of a Customs officer. Protests under 19 U.S.C. 1514 are limited to challenges against decisions of a Customs officer. If the protestant is challenging the application of the ITC exclusion order, Customs will not decide this issue since the protest fails to contain any factual material or legal arguments in support of this claim. Section 174.13(a)(6) of the Customs Regulations (19 CFR 174.13(a)(6)) requires that a protest contain the nature of, and justification for the objection set forth distinctly and specifically with respect to each claim. HOLDING: Based on the foregoing discussion, you are instructed to deny the protest in full. You should supply the protestant with a copy of this decision along with the Form 19 Notice of Action. Sincerely, John Durant, Director Commercial Rulings Division