May 2, 2007 CBP Bulletin Notice on Di-Linear Alkyl Benzene
In the May 2, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 19), CBP published a notice proposing to revoke a classification ruling and revoke a treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of di-linear alkyl benzene. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocation, or any party involved with a substantially identical transaction, should advise CBP by June 1, 2007, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Di-linear alkyl benzene. The subject merchandise is described as Di-Linear-Alkyl Benzene of HAB which is an aromatic mixture of alkylbenzenes.
CBP is proposing to issue HQ W968449 in order to revoke NY F86280 and reclassify the di-linear alkyl benzene in subheading 3817.00.1000 as "mixed linear alkylbenzenes" rather than in subheading 3817.10.5000, (now 3817.10.1500) as "mixed alkylbenzenes: other."
CBP proposes this change as a correction, based on the fact that the compound is di-linear alkyl benzene, and that subheading 3817.00.1000, provides, eo nomine, for mixed linear alkylbenzenes without limitation. In addition, CBP cites information and definitions obtained in Hawley's Condensed Chemical Dictionary, Twelfth Edition, as support for this position.
CBP is now of the view that based on GRI 1, the di-linear alkyl benzene should be classified in subheading 3817.00.1000 as "Mixed alkylbenzenes and mixed alkylnaphthalenes, other than those of heading 2707 or 2902: Mixed alkylbenzenes: Mixed linear alkylbenzenes."
proposed: 3817.00.1000, 6.5%; current: 3817.10.1500, 6.5%
May 2, 2007 CBP Bulletin (Vol. 41, No.19) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/