Decision on Application for Further Review of Protest No. 3901-8-000362, on the Classification of an Alkylate.

HQ 083881 April 17, 1990 CLA-2 CO: R:C:G 083881 JGH CATEGORY: Classification TARIFF NO.: 430.10,TSUS District Director U.S. Customs Service 610 South Canal Street Chicago, Illinois 60603 RE: Decision on Application for Further Review of Protest No. 3901-8-000362, on the Classification of an Alkylate. Dear Sir: This protest involves the classification of a petroleum alkylate, from Canada, under the Tariff Schedules of the United States (TSUS). FACTS: The merchandise is an alkylate produced by Imperial Oil at Sarnia, Ontario, which was loaded on the carrier 'Jupiter', and entered on September 9, 1985, under the provision for mixtures of hydrocarbons in item 475.65,TSUS. Customs changed the classification to mixtures of organic compounds in item 430.10,TSUS. Alkylate is defined as an high octane material boiling in the gasoline range. It is said to be produced in a process called alkylation, by a mixture of butylenes being placed with isobutane to form a branched chain of aliphatic hydrocarbons containing 6-10 carbon atoms. The only use for alkylate is said to be gasoline blending. ISSUE: Whether the alkylate is classifiable as a mixture of hydrocarbons not specially provided for, derived wholly from -2- petroleum, which contain by weight not over 50 percent of any single hydrocarbon compound, in item 475.65,TSUS, or as a mixture of two or more organic compounds in whole or in part of hydrocarbons derived from petroleum in item 430.10,TSUS. LAW AND ANALYSIS: It is argued that Customs used an analysis of a typical alkylate in classifying the import; one which contained a component of 67 percent of a single hydrocarbon compound, rather than the analysis of the actual import which revealed that none of the components approached the 50 percent level. In support of this argument an analysis of a similar product from a sample taken in February 1988 was submitted. However, the actual analysis of the imported product supplied by the Canadian producer, under the heading "Details of Alkylate loaded on 'Jupiter' September 1, 1985", shows that the alkylate contained the component, 2, 2, 4, trimethyl pentane, in the percentage of 67.9 by weight. HOLDING: The protest should be denied. The protestant should be furnished a copy of this decision along with the Form 19 Notice of Action. Sincerely, Jerry Laderberg, Acting Director Commercial Rulings Division 6 cc A.D., N.Y. Seaport hurley library/peh 083881