HQ 953949: PRD 5501-3-100015; Arc Furnace Winch Control System; Regulating or Controlling Instruments or Apparatus, Heading 9032; 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 953949

                            JULY 20 1993

CLA-2:CO:R:C:M   953949 JAS

CATEGORY:   Classification

TARIFF NO.: 8537.10.00

District Director of Customs
1205 Royal Lane
P.O. Box 619050
Dallas/Ft. Worth, Texas 75261

RE:  PRD 5501-3-100015; Arc Furnace Winch Control System; 
     Regulating or Controlling Instruments or Apparatus,
     Heading 9032; 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. 5501-3-100015, filed against your action in
classifying a control device for a winch used in an electric arc
furnace.

     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 8537.10.00,
HTSUS.  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, through his
representative, as part of the notice of action on the protest.
       
                              
                              
                              Sincerely,


                              John Durant, Director
                              Commercial Rulings Division