HQ 083881: Decision on Application for Further Review of Protest No. 3901-8-000362, on the Classification of an Alkylate.

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 083881


                 April 17, 1990


            CLA-2  CO: R:C:G 083881 JGH

            CATEGORY: Classification

            TARIFF NO.: 430.10,TSUS

            District Director
            U.S. Customs Service
            610 South Canal Street
            Chicago, Illinois 60603

            RE: Decision on Application for Further Review of
                Protest No. 3901-8-000362, on the Classification
                of an Alkylate.

            Dear Sir:

                 This protest involves the classification of a petroleum
            alkylate, from Canada, under the Tariff Schedules of the United
            States (TSUS).

            FACTS:

                 The merchandise is an alkylate produced by Imperial
            Oil at Sarnia, Ontario, which was loaded on the carrier
            'Jupiter', and entered on September 9, 1985, under the
            provision for mixtures of hydrocarbons in item 475.65,TSUS.
            Customs changed the classification to mixtures of organic
            compounds in item 430.10,TSUS.

                 Alkylate is defined as an high octane material boiling
            in the gasoline range.  It is said to be produced in a process
            called alkylation, by a mixture of butylenes being placed with
            isobutane to form a branched chain of aliphatic hydrocarbons
            containing 6-10 carbon atoms.  The only use for alkylate is
            said to be gasoline blending.

            ISSUE:

                 Whether the alkylate is classifiable as a mixture of
            hydrocarbons not specially provided for, derived wholly from

















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            petroleum, which contain by weight not over 50 percent of any
            single hydrocarbon compound, in item 475.65,TSUS, or as a
            mixture of two or more organic compounds in whole or in part
            of hydrocarbons derived from petroleum in item 430.10,TSUS.

            LAW AND ANALYSIS:

                 It is argued that Customs used an analysis of a typical
            alkylate in classifying the import; one which contained a
            component of 67 percent of a single hydrocarbon compound,
            rather than the analysis of the actual import which revealed
            that none of the components approached the 50 percent level.
            In support of this argument an analysis of a similar product
            from a sample taken in February 1988 was submitted.

                 However, the actual analysis of the imported product
            supplied by the Canadian producer, under the heading "Details
            of Alkylate loaded on 'Jupiter' September 1, 1985", shows that
            the alkylate contained the component, 2, 2, 4, trimethyl
            pentane, in the percentage of 67.9 by weight.

            HOLDING:

                 The protest should be denied.

                 The protestant should be furnished a copy of this
            decision along with the Form 19 Notice of Action.

                                        Sincerely,




                                        Jerry Laderberg, Acting Director
                                        Commercial Rulings Division


























            6 cc A.D., N.Y. Seaport
            hurley library/peh
            083881