You cannot run an incremental content deployment job if a list is deleted and a new list is created that has the same name as the deleted list in Windows SharePoint Services 3.0

Consider the following scenario. On a Windows SharePoint Services 3.0 site, you delete an existing list. Then, you create a new list that has the same name as the deleted list. In this scenario, you cannot run an incremental content deployment job. Additionally, you receive the following error message: Note This can be any SharePoint list, such as a Form Library, Document Library, or Team Discussion list.

To resolve this issue, apply the hotfix from the following Microsoft Knowledge Base article:

Known issue

After you apply this hotfix, the publishing feature is disabled on the destination site for the incremental content deployment job. This issue occurs when you apply this hotfix package in an Office SharePoint Server 2007 Service Pack 1 (SP1) environment, and you use a command line to run the incremental content deployment job.

To work around this issue, manually enable the publishing feature on the destination site

Microsoft has confirmed that this is a problem in the Microsoft products that are listed in the "Applies to" section.