July 25, 2007 CBP Bulletin Notice on 1,1-Di (Tert-Butylperoxy) Cyclohexane
In the July 25, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 31), CBP published a notice proposing to revoke a classification ruling and 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 1,1-Di (Tert-Butylperoxy) Cyclohexane. 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 August 24, 2007, the date that written comments on the proposed rulings 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.
1,1-Di (Tert-Butylperoxy) Cyclohexane.The merchandise at issue is identified as CH-50-WO. It is described as 1,1-Di (tert-butylperoxy) cyclohexane, non-aromatic cyclanic alcohol peroxide in a 50% white mineral oil diluent. The diluent is required for safety in transport. When the white mineral oil is added to the 1,1-Di(tertbutylperoxy) cyclohexane ("CH"), it becomes "CH-50-WO." The CH-50-WO is used commercially for the polymerization of monomers, crosslinking of polymers, curing of unsaturated polyester resins and graft polymerization.
CBP is proposing to issue HQ H004099 in order to revoke HQ 967885, and reclassify the merchandise in heading 2909, as "Ethers, ether-alcohols, ether-phenols, ether-alcohol-phenols, alcohol peroxides, ether peroxides, ketone peroxides (whether or not chemically defined), and their halogenated, sulfonated, nitrated or nitrosated derivatives," rather than heading 3815 "Reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included."
CBP proposes the change as a correction based on Chapter 29 Note 1(e) and a new lab report. Note 1(e) states that this heading includes "separate chemically defined organic compounds dissolved in solvents provided that the solution constitutes a normal and necessary method of putting up these products adopted solely for reasons of safety or for transport and that the solvent does not render the product particularly suitable for specific rather than for general use." (Emphasis added.) In a lab report issued by the CBP Laboratories and Scientific Services on April 5, 2007, the lab noted in relevant part, that the normal and usual mode of transport and storage of peroxide is in a solvent. The lab also determined that there was no indication that CH-50-WO is for specific use rather than general use.
CBP is now of the view that the product should be classified in 2909.60.5000 because the white mineral oil is used for reasons of safety in manufacturing, transport, handling and storage, but does not render the product particularly suitable for specific use in the production of polymers.
proposed: 2909.60.5000, 3.7%; current: 3815.90.5000, 5%
July 25, 2007 CBP Bulletin (Vol. 41, No. 31) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/