July 25, 2007 CBP Bulletin Notice on Millad 3988i
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 revoking a classification ruling and treatment as follows:
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Revocation of ruling; revocation of treatment.CBP is revoking one ruling on the classification of Millad 3988i. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after September 23, 2007.
Millad 3988i.The merchandise at issue is identified as Millad 3988i. It is used as a clarifying agent for polyolefin plastics. The Millad 3988i is composed of 96-98% D-Glucitol, 1,3:2,4- Bis-O-[(3,4-Dimethylphenyl) Methylene]- (CAS 135861-56-2) and 2-4% silated silicon dioxide.
CBP is issuing HQ H003890 in order to revoke NY R03248, and reclassify the Millad 3988i in HTS 2932.99.6100, as "Heterocyclic compounds with oxygen hetero-atom(s) only: Other: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI," rather than in HTS 3824.90.2800 as "Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances."
CBP makes this change as a correction based on additional information supporting the assertion that the silicon dioxide present in the product is for anti-caking purposes, as well as HTS Chapter Notes to Chapters 38 and 29. In accordance with Note 1 to Chapter 38, Millad 3988i cannot be classified in Chapter 38 if it is determined to be a separate chemically defined compound. Note 1 to Chapter 29 provides in relevant part: "1. Except where the context otherwise requires, the headings of this chapter apply only to: (a) Separate chemically defined organic compounds, whether or not containing impurities;(f) The products mentioned in (a), (b), (c), (d) or (e) above with an added stabilizer (including an anti-caking agent) necessary for their preservation or transport." Laboratory Report NY20061573 indicates that the amount of silicon dioxide is insufficient for other uses typical of the polymer industry, and supports the position that the silicon dioxide is present for anti-caking purposes only.
Therefore, CBP is now of the view that Millad 3988i is classified in HTS 2932.99.6100, as "Heterocyclic compounds with oxygen hetero-atom(s) only: Other: Other: Aromatic: Other: Products described in additional U.S. note 3 to section VI."
new: 2932.99.6100, 6.5% ; previous: 3824.90.2800, 6.5%
(See ITT's Online Archives or 05/08/07 news, 07050845, for BP summary of proposed HQ H003890.)
July 25, 2007, CBP Bulletin (Vol. 41, No. 31) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/