Application for Further Review of Protest No. 1001-93-102624

HQ 545879 June 5, 1995 VAL R:C:V 545879 EK CATEGORY: Valuation Area Director, JFK New York Region New York, New York RE: Application for Further Review of Protest No. 1001-93-102624 Dear Sir: This is in reference to your memorandum of January 9, 1995, forwarding an application for further review of the above-referenced protest, filed by counsel, on behalf of Metro Sports Group Inc. (importer). Section 174.28, Customs Regulations, provides that "[i]n determining whether to allow or deny a protest filed within the time allowed a reviewing officer may consider . . additional grounds or arguments submitted in writing by the protesting party . . ." . (19 CFR 174.28). In a letter dated May 31, 1995, the importer, through counsel, requested that the protest and application for further review be withdrawn. However, the Customs Regulations do not provide for the withdrawal of protests. Accordingly, pursuant to the importer's request of May 31, 1995, the protest should be denied. HOLDING: Pursuant to the foregoing, the protest should be denied in full. A copy of this decision should be attached to the Form 19 Notice of Action. In accordance with section 3A(11)(b), Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision should be mailed by your office to the protestant no later than 60 days from the date of this letter. Sincerely, John Durant, Director Commercial Rulings Division