us-cbp-cross-rulings-hq-083881•HQ 083881: Decision on Application for Further Review of Protest No. 3901-8-000362, on the Classification of an Alkylate.
HQ 083881: Decision on Application for Further Review of Protest No. 3901-8-000362, on the Classification of an Alkylate.
us-cbp-cross-rulings-hq-083881HQ 083881: Decision on Application for Further Review of Protest No. 3901-8-000362, on the Classification of an Alkylate.Guidance
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
-2-
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
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