HQ 953531: Reconsideration of Headquarters Ruling Letter (HQRL) 086173, dated March 29, 1990.

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 953531
                                   June 4,1993


CLA-2 CO:R:C:F 953531  JGH

CATEGORY: Classification

TARIFF NO.: 2932.90.4100

Mr. Paul A. Keane
Keane and Associates
International Marketing
7 East Chestnut
Chicago, Illinois  60611

RE:  Reconsideration of Headquarters Ruling Letter (HQRL) 086173,
     dated March 29, 1990.

Dear Mr. Keane:

     Your letter of February 25, 1993, concerns the
classification of piperonyl butoxide (PBO) under the Harmonized
Tariff Schedule of the United States (HTSUS).  In the above-cited
ruling this chemical was classified as an other aromatic,
heterocyclic compound with hetero-atoms only, in subheading
2932.90.4100, HTSUS.

FACTS:

     It is your contention that the above ruling was wrong and
that PBO should be classified as a pesticide in subheading
2932.90.20, HTSUS.  Also you maintain that the conclusion in the
ruling that PBO is only used as a synergist and never alone as a
pesticide was in error.  While you acknowledge that one of the
major uses of PBO is as a synergist, you claim that it is also an
effective acaricide, has considerable insecticidal activity and
is used as a growth regulator.  In support of your position you
submitted several excerpts from the technical literature, dating
back to 1947, illustrating PBO's insecticidal action.  

ISSUE:

          Classification of PBO in the HTSUS.                              - 2 -

LAW AND ANALYSIS:

     On review of the ruling in question, apparently we did err
in stating that PBO appeared to have no pesticidal activity when
used alone.  However, even while acknowledging that it does
possess some insecticidal properties, we do not believe that this
is its primary use.  

     The test for classification of PBO in the tariff as a
pesticide is not whether it has any pesticidal activity but
whether it is currently predominantly used as a pesticide.  It is
noted that many of the authorities you cited not only mentioned
PBO's use as a pesticide but also its synergistic use.  A
synergist is defined as a material which enhances the remedial
efficiency of a therapeutically active agent, or the effective-
ness of an insecticide, fungicide, or similar biological agent. 
The Condensed Chemical Dictionary.  A synergist for tariff
classification purposes is not a pesticide.  In fact, a review of
the more recent technical literature on PBO shows that the most
common use is as a synergist.  Piperonyl Butoxide is defined as
an insecticide synergist, especially for pyrethoids and rotenone. 
The Merck Index - Eleventh Edition (1989).  

     Therefore, even though PBO may have pesticidal activity, the
preferred commercial use is as a synergist.  Thus, we remain of
the opinion that it is correctly classifiable in subheading
2932.90.4100, HTSUS.

HOLDING:

     HQRL 086173 is affirmed.

                              Sincerely,





                              John Durant, Director
                              Commercial Rulings Division 







cc- NIS Bill Winters