October 23, 2008 CBP Bulletin Notice on Classification of Hyperform HPN-68L

Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke one ruling on the classification of Hyperform HPN-68L. Additionally, CBP proposes that this notice covers any rulings on this merchandise which may exist but have not been specifically identified. 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 revocations, or any party involved with a substantially identical transaction, should advise CBP by November 22, 2008, 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.

Hyperform HPN-68L. The merchandise at issue is Hyperform HPN-68L which is a nucleating additive for polyolefin polymers. It is composed of Bicylco[2.2.1] heptane-2,3-dicarboxylic acid, disodium salt, (1R, 2R, 3S, 4S)-rel-and a blend of amorphous silicon dioxide and (Z)-13-docosenamide. The ruling requestor identified the amorphous silicon dioxide and (Z)-13-docosenamide blend contained in Hyperform HPN-68L as SYLOBLOC 250, an amorphous silicon dioxide coated with 13-docosenamide in a 1:1 ratio.

CBP is proposing to issue HQ W968389 in order to revoke HQ 968189 and reclassify the Hyperform HPN-68L under HTS 2917.20.00 as "Polycarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Cyclanic, cyclenic or cycloterpenic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives" rather than under HTS 3824.90.91 (currently 3824.90.92) as "Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other."

CBP proposes this change as a correction based on additional information and a CBP Lab Report. The key issue is whether Hyperform HPN-68L, containing 20 percent Sylobloc 250, is a separate chemically identifiable compound under Note 1 to Chapter 29.

CBP Laboratory Report 20061574 indicates that the amount of Sylobloc 250 is too low to act as a slip and anti-block agent. However, it does act as an anti-caking agent. And if it can be regarded "merely" as an anti-caking agent (permitted under Note 1(f) to Chapter 29), the headings of Chapter 29 may be considered for classification of Hyperform HPN-68L.

Ruling HQ 968189, which found that that Sylobloc 250 was purposely added to Hyperform HPN-68L not only to absorb excess moisture and prevent agglomeration, but also to act as an anti-block/anti-slip agent in the formation of polyolefins, is contradicted by CBP Laboratory Report 20061574.

Therefore, CBP proposes that based on GRI 1, the HPN-68L should be classified under subheading 2917.20.00, which provides for: "Polycarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Cyclanic, cyclenic or cycloterpenic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives."

Proposed: 2917.20.00, 4.2%; Current: 3824.90.9290, 5% (formerly 3824.90.9190)

October 23, 2008 CBP Bulletin (Vol. 42, No. 44) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/