para-t-Butylbenzoic acid aluminum salt; Bismethylethylbenzoatohydroxy aluminum, CAS 13170-05-3; Revocation of NY B80857

HQ 966774 March 18, 2004 CLA-2 RR:CR:GC 966774 AM CATEGORY: CLASSIFICATION TARIFF NO.: 2916.39.45, 2916.39.75 Mr. Joseph J. Chivini Austin Chemical Company, Inc. 1565 Barclay Blvd. Buffalo Grove, IL 60089-4537 Re: para-t-Butylbenzoic acid aluminum salt; Bismethylethylbenzoatohydroxy aluminum, CAS 13170-05-3; Revocation of NY B80857 Dear Mr. Chivini: This is regarding New York Ruling Letter (NY) B80857, issued to you on February 18, 1997, classifying "Para-t-Butyl benzoic acid aluminum salt, Bismethylethylbenzoatohydroxy aluminum, CAS 13170-05-3," (sic) under the Harmonized Tariff Schedule of the United States (HTSUS), in subheading 2916.39.45, the provision for "Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Products described in additional U.S. note 3 to section VI." We have reviewed NY B80857 and have discovered that one of the chemical names used is not assigned the CAS number used therein. Pursuant to section 625(c)(1) Tariff Act of 1930 (19 U.S.C. 1625(c)(1)) as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, (Pub. L. 103-82, 107 Stat. 2057, 2186), notice of the proposed revocation of NY B80857 was published on February 11, 2004, CUSTOMS BULLETIN, Volume 38, Number 7. No comments were received in response to this notice. FACTS Customs Laboratory Report, NY20030419, dated July 10, 2003, analyzing a similar product, states, in pertinent part, the following: Product Name: p-tert-Butylbenzoic acid, aluminum salt CAS Registry Name: 4-(1,1-Dimethylethyl)Benzoic Acid, Aluminum Salt CAS Number: 4067-14-5 Which is listed in the chemical appendix (HTSUS 2003). Stated use: Not Provided Report: The product is a salt of an aromatic monocarboxylic acid . . . Product Name: Bismethylethylbenzoatohydroxy aluminum CAS Registry Name: BIS[94-91,1,-dimethyulethyl)benzoato-KO]Hydroxyaluminum CAS Number: 13170-05-03 Which is not listed in the chemical appendix (HTSUS 2003). Stated use: Not provided Report: The product is a salt of an aromatic monocarboxylic acid . . . Comment: The two product (sic) are different compounds with different CAS names and numbers. A review of CAS # 13170-05-3 results in the following chemical names and formulae: Aluminum, bis[4-(1,1-dimethylethyl)benzoato-kO]hydroxy- (TSCA, PICCS) Aluminum, bis[4-(1,1-dimethylethyl)benzoato-O]hydroxy- (NDSL) Bis[4-(tert-butyl)benzoato-O]hydroxyaluminium (English, French, German) (NDSL, EINECS) bis[4-(terc-butil)benzoato-O]hidroxialuminio (Spanish) (EINECS) Aluminium, bis[4-(1,1-dimethylethyl)benzoato-O]hydroxy- (AICS) Bis[4-(1,1-dimethylethyl)benzoato-O]hydroxy aluminum (ECL, PICCS) BIS[4-(1,1-DIMETHYLETHYL)BENZOATO-O] HYDROXY ALUMINUM (PICCS) ALPTBB 300 Aluminum hydroxy-di-p-tert-butylbenzoate Aluminum hydroxybis[4-(tert-butyl)benzoate] Aluminum, bis(p-tert-butylbenzoato)hydroxy- Aluminum, bis[4-(1,1-dimethylethyl)benzoato-O]-, hydroxide Aluminum, bis[4-(1-1 dimethylethyl) benzoate-O]hydroxide Bis(p-tert-butyl benzoate)hydroxyaluminum Hydroxyaluminum bis(p-tert-butylbenzoate) S 4030 Sandostab 4030 YK YK (nucleation agent) FORMULA: C22H27AlO5 A search for CAS #4067-14-5 results in the following chemical names and formulae: para-tert-Butylbenzoic acid aluminum salt Benzoic acid, 4-(1,1-dimethylethyl)-, aluminum salt (TSCA, NDSL, ENCS) 4-(1,1-Dimethylethyl)benzoate d'aluminium (French) (NDSL, EINECS) aluminium 4-(1,1-dimethylethyl)benzoate (EINECS) Aluminium-4-(1,1-dimethylethyl)benzoat (German) (EINECS) 4-(1,1-dimetiletil)benzoato de aluminio (Spanish) (EINECS) Al 300 Al 300 (nucleating agent) Aluminium p-tert-butylbenzoate Aluminum 4-tert-butylbenzoate Aluminum p-tert-butylbenzoate APBB Benzoic acid, p-tert-butyl-, aluminum salt p-tert-Butylbenzoic acid aluminum salt PTBBA-AL FORMULA: C11H14O2.1:3Al ISSUE Where are para-t-Butylbenzoic acid, aluminum salt, CAS 4067-14-5, and Bismethylethylbenzoatohydrozy aluminum, CAS 13170-05-03, classified in the HTSUS? LAW AND ANALYSIS Merchandise imported into the United States is classified under the HTSUS. Classification under the HTSUS is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law for all purposes. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and mutatis mutandis, to the GRIs. In understanding the language of the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. See T.D. 89-80, 54 Fed. Reg. 35127 (August 23, 1989). The HTSUS provisions under consideration are the following: Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: 2916.39.45 Products described in additional U.S. note 3 to section VI 2916.39.75 Other Additional U.S. Note 3 to Section VI, HTSUS provides: The term "products described in additional U.S. note 3 to section VI" refers to "any product not listed in the Chemical Appendix to the Tariff Schedule and--" (a) For which the importer furnishes the Chemical Abstracts Service (C.A.S.) registry number and certifies that such registry number is not listed in the Chemical Appendix to the Tariff Schedule; or (b) Which the importer certifies not to have a C.A.S. registry number and not to be listed in the Chemical Appendix to the Tariff Schedule, either under the name used to make Customs entry or under any other name by which it may be known. In NY B80857, the merchandise was identified by two different names, para-t-Butylbenzoic acid aluminum salt and Bismethylethylbenzoatohydroxy aluminum. We have now discovered that these are two different substances. The merchandise was also identified by CAS # 13170-05-3, which corresponds to the chemical name Bismethylethylbenzoatohydroxy aluminum. CAS # 13170-05-3 is not listed in the Chemical Appendix. Bismethylethylbenzoatohydroxy aluminum, and all of the substances with the chemical names listed in the FACTS section of this document, supra, under CAS # 13170-05-3, are classified in subheading 2916.39.45, the provision for "Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Products described in additional U.S. note 3 to section VI." The correct CAS # for para-t-Butylbenzoic acid aluminum salt is 4067-14-5, which is listed in the chemical appendix. Para-t-Butylbenzoic acid aluminum salt, and all of the substances with the chemical names listed in the FACTS section of this document, supra, under CAS # 4067-14-5, are classified in subheading 2916.39.75, the provision for "Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Other." HOLDING Bismethylethylbenzoatohydroxy aluminum, CAS # 13170-05-3, is classified in subheading 2916.39.45, the provision for "Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Products described in additional U.S. note 3 to section VI." Para-t-Butylbenzoic acid aluminum salt, CAS # 4067-14-5, is classified in subheading 2916.39.75, the provision for "Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Other: Other: Other." EFFECT ON OTHER RULINGS NY B80857 is REVOKED. In accordance with 19 U.S.C. §1625(c)(1), this ruling will become effective 60 days after its publication in the CUSTOMS BULLETIN. Sincerely, Myles B. Harmon, Director Commercial Rulings Division