HQ 223617: Application for Further Review of Protest No. 1001-91-002452; 19 U.S.C. 1514; 19 CFR 174.13(a)(6)

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 223617

                      January 21, 1992


PRO-2-02 CO:R:C:E 223617 SLR

CATEGORY: Entry

Regional Commissioner
U.S. Customs
New York Region
6 World Trade Center, Room 762
New York, NY  10048-0945

RE:  Application for Further Review of Protest 
     No. 1001-91-002452; 19 U.S.C. 1514; 19 CFR 174.13(a)(6)

Dear Sir:

     The above-referenced protest was forwarded to our office for
further review.  We have examined its contents and our decision
follows.

FACTS:

     The protest is directed against Customs March 15, 1991
demand for redelivery of certain plastic bag clips entered on
March 8, 1991.  It reads as follows:

          ON BEHALF OF THE IMPORTER OF RECORD, 
          THIS PROTEST IS SUBMITTED REGARDING 
          THE EXCLUSION FOR ENTRY CONSUMPTION 
          OF PLASTIC BAG CLIPS-CHECKERED PATTERN 
          DESIGN.  TOTAL QUANTITY 9646 PCS.
          THE MERCHANDISE IS SUBJECT TO ITC
          EXCLUSION 337-TA-170, PATENT VIOLATION 
          AND DEMAND FOR REDELIVERY TO CUSTOMS
          CUSTODY OR REXPORTATION OR DESTRUCTION
          HAS BEEN MADE (CF 4647 DATED 03/15/91,
          COPY ATTACHED).  CST 212 IS WAITING UPON
          ORR AS THE VALIDITY OF THE EXCLUSION ORDER.
          AN EXPEDITIOUS RESPONSE IS REQUESTED.

ISSUES:

     Can Customs decide the validity of the ITC exclusion order?

     Does the exclusion order cover the subject merchandise?



                              -2-

LAW AND ANALYSIS:

     The protestant states that the merchandise is subject to 
the ITC exclusion order.  The validity of that order is not the
proper subject of a protest since it is not a decision of a
Customs officer.  Protests under 19 U.S.C. 1514 are limited to
challenges against decisions of a Customs officer.
  
     If the protestant is challenging the application of the ITC
exclusion order, Customs will not decide this issue since the
protest fails to contain any factual material or legal arguments
in support of this claim.  Section 174.13(a)(6) of the Customs
Regulations (19 CFR 174.13(a)(6)) requires that a protest 
contain the nature of, and justification for the objection 
set forth distinctly and specifically with respect to each claim. 

HOLDING:

     Based on the foregoing discussion, you are instructed to
deny the protest in full.  You should supply the protestant with
a copy of this decision along with the Form 19 Notice of Action. 

                               Sincerely,



                               John Durant, Director
                               Commercial Rulings Division