HQ 953602: PRD 0712-93-100120; Fuel Injector Nozzles; Parts of Compression Ingnition Engines; Parts of Fuel-Injection Pumps for Compression Ignition Engines; Denial of Protest for Failure to Provide Evidence in Support of Claim, 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 953602

                            JULY 2 1993

CLA-2:CO:R:C:M   953602 JAS

CATEGORY:   Classification

TARIFF NO.: 8409.99.99

District Director of Customs
127 North Water Street
Ogdensburg, NY 13669

RE:  PRD 0712-93-100120; Fuel Injector Nozzles; Parts of 
     Compression Ingnition Engines;  Parts of Fuel-Injection
     Pumps for Compression Ignition Engines; Denial of Protest
     for Failure to Provide Evidence in Support of Claim, 
     19 CFR 174.13(a)(6) 

Dear Sir:

     This is our decision on Application for Further Review of
Protest No. 0712-93-100120, filed against your action in
classifying certain injector nozzles for internal combustion
engines.  

     The Customs Regulations require that a protest set forth the
nature of and justification for the objection set forth
distinctly and specifically with respect to each decision against
which protest is made.  19 CFR 174.13(a)(6).    

     The scope of review in a protest filed under 19 U.S.C. 1514
is limited to the administrative record.  Customs will consider
all relevant allegations that are supported by competent
evidence.  In acting on a protest, however, Customs lacks the
legal authority to assume facts and arguments that are not
presented and, therefore, not in the official record.

     In this case, protest is properly made against your decision
to liquidate the concerned entry under subheading 8409.99.99. 
However, protestant has submitted no evidence in support of the
claimed classification, nor is there other evidence of record
from which we can independently determine the validity of the
claim.  

     Based on protestant's failure to comply with the
requirements of 19 CFR 174.13(a)(6), this protest should be
denied.  A copy of this decision should be attached to the - 2 -

Customs Form 19 and mailed to the protestant as part of the
notice of action on the protest.
       
                              
                              Sincerely,


                              John Durant, Director
                              Commercial Rulings Division