Decision of Application for Further Review of Protest No. 1001-8-005119, on the classification of floral absolutes

HQ 085941 May 11,1990 CLA-2 CO: R:C:G 085941 CATEGORY: CLASSIFICATION TARIFF NO.: 460.05,TSUS Area Director of Customs J.F.K. Airport Building 178 Jamaica, New York 11430 RE: Decision of Application for Further Review of Protest No. 1001-8-005119, on the classification of floral absolutes Dear Sir: This protest involves the classification of certain floral absolutes from France, under the Tariff Schedules of the United States (TSUS). FACTS: The protest concerns entries of violet leaves absolute, jasmin absolute, and orange flowers absolute made in February 1987, under the provision for aromatic and odoriferous substances, not containing alcohol, in item 460.05,TSUS. Customs classified the imports under the provision for other aromatic and odoriferous substances containing no alcohol or not over 10 percent alcohol by weight, not artificial mixtures, in item 460.80, TSUS. ISSUE: Whether the absolutes for tariff purposes are considered as containing alcohol. -2- LAW AND ANALYSIS: Alcohol is used in the extraction of absolute materials, and as a result trace amounts of alcohol will remain in the extraction. It is indicated that it is neither feasible nor desirable to remove all of the traces of the alcohol without harming the floral absolute. Technical information supplied stated that ethanol contents for the absolutes were as follows: Description Percent ALcohol Jasmin Absolute Pure 0.4 Orange Flower Absolute 0.5 Violet Leaf Absolute Trace Since all of the alcohol used in the extraction process can not be removed, nor is it advisable to attempt to do so, percentages of ethanol present of 2 percent or less in the end product are considered de minimis. HOLDING: You are instructed to allow the protest in full. A copy of this decision should be furnished to the protestant along with the FORM 19 Notice of Action Sincerely, Jerry Laderberg Acting Director Commercial Rulings Division 6cc A.D., N.Y. Seaport hurley library/peh 085941