HQ 0083880 - Decision on Application For Further Review of Protest No. 3901-800-0348, on the classification of paradichlorobenze. - United States International Trade Commision Rulings

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HQ 083880

April 3, 1990

CLA-2 CO: R:C:G JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 402.72

District Director
U.S. Customs Service
610 South Canal Street
Chicago, Ill. 60607

RE: Decision on Application For Further Review of Protest No. 3901-800-0348, on the classification of paradichlorobenze.

Dear Sir:

This protest concerns the tariff classification of paradichlorobenzene from West Germany under the Tariff Schedules of the United States (TSUS).

FACTS:

This particular entry of paradichlorobenzene (C-6, H-4, CL-2) was made January 21,1988, liquidated February 26, 1988, and protested on March 30,1988. It was entered under the provision for other chlorobenzenes in item 402.72,TSUS, but Customs changed the classification to the provision for other benzenoid insecticides in item 408.29, TSUS.

ISSUE:

Classification of paradichlorobenzene under the TSUS.

LAW AND ANALYSIS:

Classification at the port was based on an abstract of a 1963 decision (T.D. 56080(42) ) in which paradichlorobenzene was classified as a benzenoid pesticide in former item 405.15,TSUS.

However, in the intervening quarter of a century, the chief use of the chemical has changed. It is now said to have a variety of uses. A statement from a home products manufacturer is to the effect that paradichlorobenzene is used in the production of deodorant blocks and toilet bowl deodorants. Another manufacturer states that, in addition to "Moth Kill" items, it is used in the production of deodorants and air fresheners. Based on these statements and other evidence, Customs is satisfied that the chemical is no longer chiefly used as an insecticide.

HOLDING:

Paradichlorobenzene is classifiable under the provision for other chlorobenzenes in item 402.72,TSUS.

You are directed to allow the protest in full.

A copy of the Form 19 Notice of Action should be furnished the protestant along with a copy of the decision.

Sincerely,

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