Protest No. 130319100552; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1088, Certain Road Construction Machines and Components Thereof

HQ H308399 January 27, 2020 OT:RR:BSTC:IPR H308388 JW/CBC CATEGORY: 19 U.S.C. § 1337; Unfair Competition VIA EMAIL: Juan.J.Porras@cbp.dhs.gov; Armando.Taboada@cbp.dhs.gov Mr. Juan J. Porras and Mr. Armando Taboada Directors of Machinery Center of Excellence & Expertise U.S. Customs and Border Protection 109 Shiloh Dr., Ste 300 Laredo, TX 78045 RE: Protest No. 130319100552; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1088, Certain Road Construction Machines and Components Thereof Dear Mr. Porras and Mr. Taboada: This letter is in response to protest number 130319100552 filed by Wirtgen America, Inc. (“Wirtgen” or “Protestant”) on December 31, 2019. Wirtgen is protesting U.S. Customs and Border Protection’s (“CBP”) exclusion of a Wirtgen’s series 1810 cold milling machine, model XFi,1 by reason of the exclusion order issued by the U.S. International Trade Commission (“ITC” or “Commission”) in investigation number 337-TA-1088 under 19 U.S.C. § 1337. Wirtgen Protest at 1-2; see also, e.g., 1088 LEO (EDIS Doc. No. 679595); 19 U.S.C. § 1337(d). Wirtgen’s protest specifies that it is “filed in accordance with section 514(a)(4), Tariff Act of 1930, as amended (19 U.S.C. 1514(a)(4)), and 19 C.F.R. § 174.” See Wirtgen Protest at 1. However, for the reasons set forth in H308232, which we incorporate here by reference, Wirtgen’s protest is not proper under 19 U.S.C. § 1514(a) and should be DENIED AS NOT PROTESTABLE. Information bracketed in red [[ ]] in this letter will be redacted from the public version. Nothing in Wirtgen’s protest, which included Exhibits 1 to 5, was designated as confidential. 1 Entry no. [[ ]]. If there is additional information not currently bracketed in red [[ ]] that Wirtgen believes should be redacted from the public version, Wirtgen is asked to email the Intellectual Property Rights Branch (“IPR Branch”) of CBP at IPRBranch.ITC337.Admin@cbp.dhs.gov by 5pm ET on February 6, 2020 identifying the additional information that should be redacted from the public version. Please note that CBP is guided in this regard by the laws relating to confidentiality and disclosure to include, for example, the Freedom of Information Act (“FOIA”), as amended (5 U.S.C. § 552), the Trade Secrets Act (“TSA”) (18 U.S.C. § 1905) and/or the Privacy Act of 1974, as amended (5 U.S.C. § 552a). Sincerely, Charles R. Steuart Director, Border Security and Trade Compliance Division Regulations and Rulings, Office of Trade