HQ 967735; Ruling Void Ab Initio

HQ 967850 August 25, 2005 CLA-2 RR:CTF:TCM 967850 GGD CATEGORY: Classification TARIFF NO.: 6405.20.90 Ms. Susie Koo DML Marketing Group, Ltd. (Legale) 7711 Hayvenhurst Avenue Van Nuys, California 91406 RE: HQ 967735; Ruling Void Ab Initio Dear Ms. Koo: This is in response to requests by counsel, on your behalf, dated August 3 and August 22, 2005, concerning the effective date of Headquarters Ruling Letter (HQ) 967735, issued to DML Marketing Group on June 21, 2005. It had appeared, both to this office and to counsel, that HQ 967735 was issued on the 59th day after New York Ruling Letter (NY) L83856, dated April 22, 2005, had been issued to DML. In that case, HQ 967735 (the revoking ruling) would have taken effect on June 21, the date it was issued. See Section 177.12(b) and (e), Customs and Border Protection (CBP) Regulations (19 CFR 177.12(b) and (e)). It is now clear that HQ 967735 was issued on the 60th day after NY L83856 was issued. Pursuant to the CBP Regulations cited above, when CBP contemplates the issuance of a ruling that would revoke or modify a ruling that has been in effect for 60 or more calendar days, notice proposing the revocation and inviting public comment must be published in the Customs Bulletin. Interested parties are allowed 30 calendar days from the date of publication to submit written comments. Within 30 calendar days after closing of the comment period, comments are considered and a notice of final action is published. In your case, a modifying or revoking notice would apply to merchandise entered, or withdrawn from warehouse for consumption sixty days after -2- the date of publication of the final modifying or revoking notice, or, at your option, on and after the date the final notice is published. See Section 177.12(b) and (e), CBP Regulations (19 CFR 177.12(b) and (e)). HOLDING: Due to the miscalculation of the number of days that NY L83856 had been in effect when HQ 967735 was issued, we find that HQ 967735, dated June 21, 2005, is void ab initio (i.e., null from the beginning). Accordingly, NY L83856, dated April 22, 2005, remains in effect. Sincerely, Myles B. Harmon, Director Commercial and Trade Facilitation Division