Application for Further Review of Protest No. 1303-92-100002; foreign inland freight

HQ 544966 April 13, 1992 VAL CO:R:C:V 544966 DPS CATEGORY: Valuation District Director Baltimore, Maryland RE: Application for Further Review of Protest No. 1303-92-100002; foreign inland freight Dear Sir: The subject protest and application for further review concerns the appraisement of automobiles imported from Japan by American Honda Motor Co., Inc. (American Honda). Specifically, the protest seeks to exclude from transaction value, charges for foreign inland freight and other services the protestant claims are incident to the shipment of the merchandise to the U.S. Protestant's counsel advises that American Honda has filed seven actions involving similar claims with respect to the same category of merchandise in the Court of International Trade. These seven actions cover a total of 77 denied protests. The Court of International Trade has not yet reached a decision in any of the seven actions. Based on the fact that 77 protests involving similar claims with respect to the same type of merchandise have been denied, and are currently pending before the Court of International Trade, you are hereby directed to deny the subject protest. A copy of this decision should be attached to the Customs Form 19 and mailed to the protestant as part of the notice of action on the protest. In addition, we note that the protestant has answered yes to the questions set forth in number 8 of the Customs Form 19 ("Protest" form) concerning further review. In light of protestant's responses to these questions, it appears that the application for further review should be rejected because on its face, it does not meet the criteria for further review set forth in sections 174.24 and 174.25, Customs Regulations (19 CFR 174.24 and 19 CFR 174.25). Sincerely, John Durant, Director