HQ 0952043 - Diphenylguanidine; N,N-diphenylguanidine; antidusting agent; DPG Accelerator; CAS 102-06-7; modification of PC 868863 - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0951986 - HQ 0952077 > HQ 0952043

HQ 952043

September 15, 1992

CLA-2 CO:R:C:F 952043 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 2925.20.1500

Donald E. deKieffer, Esquire
Pillsbury Madison & Sutro
Suite 1100
1667 K Street, N.W.
Washington, D.C. 20006

RE: Diphenylguanidine; N,N-diphenylguanidine; antidusting agent; DPG Accelerator; CAS 102-06-7; modification of PC 868863

Dear Mr. deKieffer:

This is in reply to your letter dated June 10, 1992, in which you request on behalf of Monsanto Agricultural Company reconsideration of Customs pre-classification ruling PC 868863 concerning the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of the chemical compound known as diphenylguanidine.

FACTS:

Diphenylguanidine ("DPG") is an aromatic imine also known as N,N-diphenylguanidine and 1,3-diphenylguanidine. It is used as a secondary accelerator in the vulcanization of rubber. The compound has been assigned CAS Registry No. 102-06-7.

In its condition as imported, the product is finely ground and referred to as DPG dust. In order to conform to standard industrial hygene, it contains, therefore, a dust suppressant; in this case, polyethylene-glycol mono(nonylphenyl) ether.

ISSUE:

What is the classification of diphenylguanidine, also known as N,N-diphenylguanidine, 1,3-diphenylguanidine, DPG and DPG Accelerator, CAS Registry No. 102-06-7, containing the antidusting agent polyethylene-glycol mono(nonylphenyl) ether?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. The tariff classification of merchandise under the HTSUSA is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation.

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 GRI's taken in order.

Although the headings of chapter 29 apply only to separate chemically defined organic compounds, the presence of antidusting agents added for safety reasons is permissible, provided that the addition does not render the product particularly suitable for specific use rather than general use. Note 1(g), Chapter 29.

We find that the subject merchandise is a separate chemically defined compound to which an antidusting agent has been added for safety reasons, not to render the product suitable for specific use rather than general use as an accelerator in the vulcanization of rubber. We are of the opinion that it is classifiable under heading 2925, which covers in part imine- function compounds.

HOLDING:

Diphenylguanidine, also known as N,N-diphenylguanidine, 1,3- diphenylguanidine, DPG and DPG Accelerator, CAS Registry No. 102- 06-7, containing the antidusting agent polyethylene-glycol mono(nonylphenyl) ether, is classifiable under subheading 2925.20.1500, HTSUSA: carboxyimide-function compounds (including saccharin and its salts) and imine-function compounds; imines and their derivatives; salts thereof; aromatic; N,N- Diphenylguanidine.

Entries of merchandise classified under this subheading are dutiable at the column one general rate of 15 percent ad valorem.

PC 868863 is modified in accordance with the foregoing.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling