HQ 083880: Decision on Application For Further Review of Protest No. 3901-800-0348, on the classification of paradichlorobenze.

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 083880



                                      April 3, 1990

            CLA-2  CO: R:C:G JGH

            CATEGORY: Classification

            TARIFF NO.: 402.72

            District Director
            U.S. Customs Service
            610 South Canal Street
            Chicago, Ill. 60607

            RE:  Decision on Application For Further Review of Protest
                 No. 3901-800-0348, on the classification of
                 paradichlorobenze.

            Dear Sir:

                  This protest concerns the tariff classification of
            paradichlorobenzene from West Germany under the Tariff
            Schedules of the United States (TSUS).

            FACTS:

                  This particular entry of paradichlorobenzene
            (C-6, H-4, CL-2) was made January 21,1988, liquidated
            February 26, 1988, and protested on March 30,1988.  It was
            entered under the provision for other chlorobenzenes in item
            402.72,TSUS, but Customs changed the classification to the
            provision for other benzenoid insecticides in item 408.29,
            TSUS.

            ISSUE:

                  Classification of paradichlorobenzene under the TSUS.

            LAW AND ANALYSIS:

                  Classification at the port was based on an abstract
            of a 1963 decision (T.D. 56080(42) ) in which
            paradichlorobenzene was classified as a benzenoid pesticide in
            former item 405.15,TSUS.

















                                          -2-


                  However, in the intervening quarter of a century, the
            chief use of the chemical has changed.  It is now said to have
            a variety of uses.  A statement from a home products
            manufacturer is to the effect that paradichlorobenzene is
            used in the production of deodorant blocks and toilet bowl
            deodorants.  Another manufacturer states that, in addition
            to "Moth Kill" items, it is used in the production of
            deodorants and air fresheners.  Based on these statements
            and other evidence, Customs is satisfied that the chemical
            is no longer chiefly used as an insecticide.

            HOLDING:

                  Paradichlorobenzene is classifiable under the provision
            for other chlorobenzenes in item 402.72,TSUS.

                  You are directed to allow the protest in full.

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


                                        Sincerely,





                                        John Durant, Director
                                        Commercial Rulings Division































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