October 31, 2007 CBP Bulletin Notice on 1,1-Di (Tert-Butylperoxy) Cyclohexane
In the October 31, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 45), CBP published a notice revoking a classification and treatment as follows:
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Revocation of ruling, revocation of treatment.CBP is revoking a ruling on the classification of 1,1-Di (Tert-Butylperoxy) Cyclohexane. 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According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after December 30, 2007.
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 issuing 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 makes 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 now determines that the product is 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.
new: 2909.60.5000, 3.7%; previous: 3815.90.5000, 5%
(See ITT's Online Archives or 08/03/07 news, 07080340, for BP summary of proposed HQ H004099.)
October 31, 2007, CBP Bulletin (Vol. 41, No. 45) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/