HQ 952043: Diphenylguanidine; N,N-diphenylguanidine; antidusting agent; DPG Accelerator; CAS 102-06-7; modification of PC 868863

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 952043

                       September 15, 1992

CLA-2 CO:R:C:F 952043 EAB

CATEGORY: Classification

TARIFF NO.: 2925.20.1500

Donald E. deKieffer, Esquire
Pillsbury Madison & Sutro
Suite 1100
1667 K Street, N.W.
Washington, D.C. 20006

Re:  Diphenylguanidine; N,N-diphenylguanidine; antidusting agent;
     DPG Accelerator; CAS 102-06-7; modification of PC 868863

Dear Mr. deKieffer:

     This is in reply to your letter dated June 10, 1992, in
which you request on behalf of Monsanto Agricultural Company
reconsideration of Customs pre-classification ruling PC 868863
concerning the classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) of the chemical
compound known as diphenylguanidine.

FACTS:

     Diphenylguanidine ("DPG") is an aromatic imine also known as
N,N-diphenylguanidine and 1,3-diphenylguanidine.  It is used as a
secondary accelerator in the vulcanization of rubber.  The
compound has been assigned CAS Registry No. 102-06-7.  

     In its condition as imported, the product is finely ground
and referred to as DPG dust.  In order to conform to standard
industrial hygene, it contains, therefore, a dust suppressant; in
this case, polyethylene-glycol mono(nonylphenyl) ether.

ISSUE:

     What is the classification of diphenylguanidine, also known
as N,N-diphenylguanidine, 1,3-diphenylguanidine, DPG and DPG
Accelerator, CAS Registry No. 102-06-7, containing the
antidusting agent polyethylene-glycol mono(nonylphenyl) ether?

LAW AND ANALYSIS:

     Merchandise imported into the U.S. is classified under the
HTSUSA.  The tariff classification of merchandise under the
HTSUSA is governed by the principles set forth in the General
Rules of Interpretation (GRIs) and, in the absence of special
language or context which otherwise requires, by the Additional
U.S. Rules of Interpretation.

     GRI 1 requires that classification be determined first
according to the terms of the headings of the tariff schedule and
any relative section or chapter notes and, unless otherwise
required, according to the remaining GRI's taken in order.

     Although the headings of chapter 29 apply only to separate
chemically defined organic compounds, the presence of antidusting
agents added for safety reasons is permissible, provided that the
addition does not render the product particularly suitable for
specific use rather than general use.  Note 1(g), Chapter 29.

     We find that the subject merchandise is a separate
chemically defined compound to which an antidusting agent has
been added for safety reasons, not to render the product suitable
for specific use rather than general use as an accelerator in the
vulcanization of rubber.  We are of the opinion that it is
classifiable under heading 2925, which covers in part imine-
function compounds.

HOLDING:

     Diphenylguanidine, also known as N,N-diphenylguanidine, 1,3-
diphenylguanidine, DPG and DPG Accelerator, CAS Registry No. 102-
06-7, containing the antidusting agent polyethylene-glycol
mono(nonylphenyl) ether, is classifiable under subheading
2925.20.1500, HTSUSA: carboxyimide-function compounds (including
saccharin and its salts) and imine-function compounds; imines and
their derivatives; salts thereof; aromatic; N,N-
Diphenylguanidine.

     Entries of merchandise classified under this subheading are
dutiable at the column one general rate of 15 percent ad valorem.

     PC 868863 is modified in accordance with the foregoing.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division