HQ 544966: Application for Further Review of Protest No. 1303-92-100002; foreign inland freight

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 544966

                         April 13, 1992


VAL CO:R:C:V  544966 DPS

CATEGORY:  Valuation


District Director
Baltimore, Maryland

RE:  Application for Further Review of Protest No. 
     1303-92-100002;  foreign inland freight

Dear Sir:

     The subject protest and application for further review
concerns the appraisement of automobiles imported from Japan by
American Honda Motor Co., Inc. (American Honda).  Specifically,
the protest seeks to exclude from transaction value, charges for
foreign inland freight and other services the protestant claims
are incident to the shipment of the merchandise to the U.S.

     Protestant's counsel advises that American Honda has filed
seven actions involving similar claims with respect to the same
category of merchandise in the Court of International Trade. 
These seven actions cover a total of 77 denied protests.  The
Court of International Trade has not yet reached a decision in
any of the seven actions.

     Based on the fact that 77 protests involving similar claims
with respect to the same type of merchandise have been denied,
and are currently pending before the Court of International
Trade, you are hereby directed to deny the subject protest.
A copy of this decision should be attached to the Customs Form 19
and mailed to the protestant as part of the notice of action on
the protest.










     In addition, we note that the protestant has answered yes to
the questions set forth in number 8 of the Customs Form 19 
("Protest" form) concerning further review.  In light of
protestant's responses to these questions, it appears that the
application for further review should be rejected because on its
face, it does not meet the criteria for further review set forth
in sections 174.24 and 174.25, Customs Regulations (19 CFR
 174.24 and 19 CFR  174.25).



                              Sincerely,



                              John Durant, Director