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HQ 223811

December 2, 1992

DRA-1-CO:R:C:E 223811 CB

CATEGORY: DRAWBACK

Acting Supervisory Customs Liquidator
U.S. Customs Service
Southeast Region
Miami, Florida 33131

RE: Request for Approval of Substitution Same Condition Drawback; Albright & Wilson
America, Incorporated

Dear Sir:

This is in response to your memorandum dated March 12, 1992 (your file no. DRA-1-O:C:L BG) regarding the above-referenced request.

The Technical Branch, Operations Division, Office of Laboratories and Scientific Services has reviewed the data submitted by Albright & Wilson and found that the specifications for the aqueous solutions of ADPA-60AW and 301-50A, products under the trademark "Briquest" are sufficient to find that they are fungible. The Lab also found that the specifications for "Antiblaze 80" and "Antiblaze 100" are sufficient to insure fungibility.

Regarding the DEHPA (Di (2-ethylhexyl) Phosphoric Acid), we had requested that the importer provide the maximum value of DEHPA. However, this information has not been provided by the importer. The importer states that DEHPA has a minimum purity of 95.0% and a typical purity of 96.0%. It is the Technical Branch's opinion that this minimum without a maximum allows the substitution of different commercial types of DEHPA. They suggest that the importer be requested to state a maximum purity level (other than 100%). If that level is 97.o% or less, then substitution would be acceptable.

This fungibility determination is limited to a chemical for chemical basis, i.e. Antiblaze 80 for Antiblaze 80. If you have any questions regarding this matter, please contact Cari Berdut at (202) 482-7040.

Sincerely,

John A. Durant
Commercial Rulings Division

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