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H2743172016-04-14Headquarters

Request for ruling on the export of untitled self-propelled motor vehicles

U.S. Customs and Border Protection · CROSS Database

Summary

Request for ruling on the export of untitled self-propelled motor vehicles

Ruling Text

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection OT:RR:BSTC:CCR HQ H274317 PF April 14, 2016 Solomon S. Abady, Esq. Abady Law Firm, P.C. 244 5th Avenue, Suite 280S New York, NY 10001 RE: Request for ruling on the export of untitled self-propelled motor vehicles Dear Mr. Abady: This is in response to your ruling request of March 29, 2016 regarding the exportation of untitled self-propelled motor vehicles by Part Time Hobby Sales, L.L.C (“PTHS”). In your submission, you submit the following facts and circumstances. PTHS is in the used motorcycle business and its headquarters are located in Washington State. PTHS exports twenty-five years or older titled and untiled used and non-operable motorcycles from the United States to a motorcycle salvage yard and restoration business in Japan. Your request indicates that the Port of Seattle recently denied exportation of PTHS’ untitled motorcycles. Pursuant to 19 C.F.R. § 192.2(b)(iv), you seek clarification for exporting used motorcycles from the United States. The relevant regulations that apply to your request are located at 19 C.F.R. § 177.1(a)(2)(ii) and 19 C.F.R. § 177.7(a). The relevant regulations provide in pertinent part: 19 CFR § 177.1(a)(2)(ii). General ruling practice and definitions. Completed transactions. A question arising in connection with an entry of merchandise which has been liquidated, or in connection with any other completed Customs transaction, may not be the subject of a ruling request. 19 CFR § 177.7(a). Situations in which no ruling will be issued. Generally. No ruling letter will be issued in response to a request for a ruling which fails to comply with the provisions of this part. Moreover, no ruling letter will be issued with regard to transactions or questions which are essentially hypothetical in nature or in any instance in which it appears contrary to the sound administration of the Customs and related laws to do so. No ruling letter will be issued in regard to a completed transaction. On March 11, 2016, pursuant to 19 C.F.R. § 177.7(a), we closed a ruling request regarding the export of untitled self-propelled motor vehicles submitted by your client, PTHS, because the ruling request related to a completed transaction. Similarly here, your request states that the Port of Seattle denied exportation of PTHS’ untitled motorcycles. Since the Port of Seattle already completed the aforementioned Customs’ transaction and your request does set forth a specific prospective transaction, we cannot issue you a ruling request pursuant to 19 C.F.R. §§ 177.1(a)(2)(ii) and 177.7(a). If you have any further questions, please contact Patricia Fogle of my staff at 202-325-0061. Sincerely, Lisa L. Burley Supervisory Attorney-Advisor/Chief Cargo Security, Carriers and Restricted Merchandise Branch Office of International Trade, Regulations and Rulings U.S. Customs and Border Protection