Exclusion; Protest No. 1001-98-101150; Application for Further Review; 19 U.S.C. 1499

HQ 961966 December 22, 1998 CLA-2 RR:CR:TE 961966 SS Category: Exclusion Port Director, Port of New York c/o Chief, Residual Liquidation and Protest Branch 6 World Trade Center, Room 761 New York, NY 10048-0945 Re: Exclusion; Protest No. 1001-98-101150; Application for Further Review; 19 U.S.C. 1499 Dear Sir: This is in response to the Application for Further Review of Protest Number 1001-98-101150 filed on behalf of the importer, Jeetish Impex, Inc. (‘Protestant”), contesting the exclusion under section 499, Tariff Act of 1930, as amended (19 U.S.C. 1499) of a shipment of mens cotton woven shirts which was received by our office for review on June 10, 1998. Protestant attempted to enter a shipment of Five Thousand Nine Hundred Fifty Two (5952) mens cotton woven shirts. The shipment, with a multiple country of origin declaration, was examined on March 30, 1998. Protestant claimed Nepal as the country of origin alleging that all processing was carried out in Nepal. The examination revealed double country of origin labeling of Nepal and India. Customs issued a Notice of Detention and Request for Information on March 30, 1998, in order to determine admissibility. Due to lack of sufficient documentation submitted to support the country of origin, Customs issued a Notice of Action which excluded the merchandise from entry on April 2, 1998. On May 13, 1998, Protestant filed its Protest and Application for Further Review. Based upon further review it is our opinion that the merchandise should be excluded. The exclusion is based upon cutting discrepancies, sewing discrepancies, lack of daily production records and discrepancies between pieces cut, issued and received. Accordingly, the exclusion of the merchandise was appropriate. Action should be taken to notify Protestant of this discussion. Any questions regarding the foregoing may be directed to Dr. James R. Dorsett at (202) 927-7002 of the Office of Field Operations or Shari Suzuki of my staff at (202) 927-2339. Sincerely John Durant, Director Commercial Rulings Division