HQ 082621: Decision on Application for Further Review of Protest No. 1001-8-001354, on the classification of a petroleum product of Brazil.

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 082621


                                        May 11,1990

            CLA-2 CO:R:C:G 082621 JGH

            CATEGORY:  Classification

            TARIFF NO.: 475.25

            Area Director of Customs
            New York Seaport Area
            6 World Trade Center
            Room 432
            New York, N.Y. 10048

            RE: Decision on Application for Further Review of
                Protest No. 1001-8-001354, on the classification
                of a petroleum product of Brazil.

            Dear Sir:

                 This protest involves the classification of a petroleum
            product imported for motor fuel from Brazil under the Tariff
            Schedules of the United States (TSUS).

            FACTS:

                 The product was entered in September 1985, under the
            provision for mixtures of hydrocarbons derived from petroleum
            in item 475.65, TSUS.  Customs liquidated the entry as motor
            fuel in item 475.25, TSUS.

                 The product meets the specifications for motor fuel of the
            ASTM D-439 guidelines, except that the Reid Vapor Pressure
            (RVP) is challenged.  Customs found it to be 7.6. while the
            importer insists that it is 6.6.

            ISSUE:

                 Classification of a certain entry of petroleum under
            the TSUS.

            LAW & ANALYSIS:

                 Reid Vapor Pressure is described as the measure of the
            surface pressure required to keep a liquid from vaporizing.
            It is claimed that regardless of whether the RVP is 6.6 or 7.6,
            the imported product could not be considered a motor fuel as














                                          -2-


            entered, as the average RVP for motor fuel for 1985 was 10.5.
            The product is said to be commercially known as a "cat
            naphtha", which is defined as catalytically reformed naphtha,
            produced by a refining procedure which breaks down large,
            complex hydrocarbon molecules into smaller, more useful ones.
            This refining method is said to produce a larger quantity of
            gasoline base stock of substantially higher octane than is
            produced by thermal cracking.

                 Because of its low RVP level, it is contended that the
            import is a blendstock used in the production of a finished
            motor fuel.  In support of its position, the importer submitted
            a statement from a petroleum engineer, who stated that while
            not in violation of ASTM specifications, the RVP of the
            imported material is well below marketable gasoline quality.
            Data from a survey of gasoline sold in the U.S. in 1985 as
            conducted by the National Institute for Petroleum and Energy
            Research (NIPER) was also submitted.  It was claimed that this
            data showed that for the summer period 1985 "finished gasoline
            is always very close to the seasonal maximum, which in the case
            of summer specification is 10.0 to 11.5 psia."  A sample tested
            by an independent laboratory was said to disclose a RVP of 6.6.

                 A Customs Laboratory report found a RVP of 7.6.  In a
            statement to Customs in December 1985, the importer listed the
            properties of the import, including a RVP of 7.6.  A review of
            the NIPER report for the Summer of 1985 shows the minimum RVP
            for gasoline sold commercially in several districts to be in
            the 7 range-

                 RVP Ranges for Automotive Gasolines for the Summer 1985
                             (NIPER Report)

                  Mid-Atlantic Region  7.9
                  Southeast            7.5
                  So. Mount.           7.7
                  No. Cal.             7.8
                  So. Calif.           7.8
                  Appalachian          6.1

                 Thus the minimum RVP for commercial gasoline in several
            districts was at least seven, and, in fact, the lowest
            commercial product had a RVP of 6.1.


















                                          -3-


            HOlDING:

                 The Protest is 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














































            1cc Chief, Residual Liquidation and Protest Branch
              c/o DARC, Commercial Operations, New York Region
            6cc A.D., N.Y. Seaport
            hurley library/peh
            082621