PRD 5501-3-100015; Arc Furnace Winch Control System; Regulating or Controlling Instruments or Apparatus, Heading 9032; Denial of Protest for Failure to Provide Evidence in Support of Claim; 19 CFR 174.13(a)(6)

HQ 953949 JULY 20 1993 CLA-2:CO:R:C:M 953949 JAS CATEGORY: Classification TARIFF NO.: 8537.10.00 District Director of Customs 1205 Royal Lane P.O. Box 619050 Dallas/Ft. Worth, Texas 75261 RE: PRD 5501-3-100015; Arc Furnace Winch Control System; Regulating or Controlling Instruments or Apparatus, Heading 9032; Denial of Protest for Failure to Provide Evidence in Support of Claim; 19 CFR 174.13(a)(6) Dear Sir: This is our decision on Application for Further Review of Protest No. 5501-3-100015, filed against your action in classifying a control device for a winch used in an electric arc furnace. The Customs Regulations require that a protest set forth the nature of and justification for the objection set forth distinctly and specifically with respect to each decision against which protest is made. 19 CFR 174.13(a)(6). The scope of review in a protest filed under 19 U.S.C. 1514 is limited to the administrative record. Customs will consider all relevant allegations that are supported by competent evidence. In acting on a protest, however, Customs lacks the legal authority to assume facts and arguments that are not presented and, therefore, not in the official record. In this case, protest is properly made against your decision to liquidate the concerned entry under subheading 8537.10.00, HTSUS. However, protestant has submitted no evidence in support of the claimed classification, nor is there other evidence of record from which we can independently determine the validity of the claim. Based on protestant's failure to comply with the requirements of 19 CFR 174.13(a)(6), this protest should be denied. A copy of this decision should be attached to the - 2 - Customs Form 19 and mailed to the protestant, through his representative, as part of the notice of action on the protest. Sincerely, John Durant, Director Commercial Rulings Division