HQ 087082: Temporary duty suspension under Chapter 99, Harmonized Tariff Schedule of the United States Annotated

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 087082

                          May 29, 1990

CLA-2 CO:R:C:G  087082  JMH

CATEGORY:  Classification

TARIFF NO.:

John J. Galvin, Esq.
Galvin, Haroian & Mlawski
425 Park Avenue - 29th Floor
New York, New York  10022

RE:  Temporary duty suspension under Chapter 99, Harmonized
     Tariff Schedule of the United States Annotated

Dear Mr. Galvin:

     This is in response to your April 27, 1990, letter
requesting an information letter concerning the temporary duty
suspension provisions under Chapter 99, Harmonized Tariff
Schedule of the United States Annotated ("HTSUSA").  You request
confirmation of your position that a judicial or administrative
decision's reclassification of an imported article will not
affect that imported article's eligibility under any temporary
duty suspension provisions.

     An "information letter" is a written statement issued
     by the Headquarters Office or the Regional
     Commissioner, New York Region, that does no more than
     call attention to a well-established interpretation or
     principle of Customs law, without applying it to a
     particular set of facts.  Customs Regulation
     177.1(d)(2), 19 C.F.R. 177.1(d)(2) (1989).

     Neither the Headquarters Office nor the Regional
Commissioner, New York Region has addressed the issue you
present.  No well-established interpretation or principle of
Customs law exists on this point.  A response to your inquiry
cannot be in the form of an information letter.  This office,
therefore, considers your request to be for a ruling.

     A "ruling" is a written statement issued by the
     Headquarters Office or the Regional Commissioner, New
     York region, that interprets and applies the provisions
     of the Customs and related laws to a specific set of
     facts.  Customs Regulation 177.1(d)(1), 19 C.F.R.
     177.1(d)(1).
                               -2-


     This office cannot issue rulings "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."  Customs Regulation 177.7, 19 C.F.R. 177.7.

     Since no actual circumstance is presented upon which this
office could rule, your question is hypothetical in nature.  It
would be contrary to the sound administration of the Customs laws
to issue a ruling without precise facts to address.

     Should you wish to resubmit a ruling request detailing the
situation that causes your concern, we will issue a ruling in
accordance with the ruling procedure of Customs Regulation 177,
19 C.F.R. 177.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division