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 > 1994 HQ Rulings > HQ 0955303 - HQ 0955415 > HQ 0955393

Previous Ruling Next Ruling

HQ 955393

July 20, 1994



TARIFF NO. 2933.40.3000

Ms. Gracia Berg
Steptoe and Johnson
1330 Connecticut Ave., NW
Washington, DC 20036

RE: Reconsideration of New York Ruling Letter (NYRL) 879995, Regarding Certain Copper-8-Quinolinolate 98% (Quinolate 98) Powder (CAS 10380-28-6), in bulk form, from France

Dear Ms. Berg:

This is in reference to your request for reconsideration of NYRL 879995, dated November 17, 1992, which concluded that the subject product is classifiable in subheading 2933.40.3000, Harmonized Tariff Schedule of the United States (HTSUSA).


The subject product is Quinolate 98 in B' form manufactured under a special patented process which leaves its chemical composition unchanged. The product, as imported, is the noted form of Copper-8-quinolinolate 98, CAS-10380-28-6. It is the copper salt of 8-hydroxyquinoline, an aromatic heterocyclic compound containing nitrogen hetero-atoms only. It is a polymorphous compound, meaning that it has more than one crystalline form, with the imported product constituting the B' form. It is used as a fungicide.


Is the product classifiable in Heading 3808, HTSUSA, as an intermediate fungicidal preparation or in Heading 2933, HTSUSA, as a single chemical compound of known structure?


Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the headings and legal notes do not otherwise require, the remaining GRI's are applied, taken in order.

The product as imported is Quinolate 98 in the B' form manufactured, according to counsel, under a proprietary process, pursuant to a U.S. patent, which leaves its chemical composition unchanged. The product is an odorless, olive drab color, powder imported in bulk form. Subsequent to importation it is mixed in a solvent-based solution, or emulsions, or dispersions to create the finished products. Since products are dutiable as imported and since the process of creating the finished product takes place subsequent to importation, we have not considered the latter processing. Also, since the request for confidential treatment appears to relate solely to the processing in the United States, we have not considered the specifics thereof and have not granted confidential treatment thereto.

NYRL 879995 held that the imported product is a single compound of known structure and is classifiable in subheading 2933.40.3000, HTSUSA. Counsel states that the product is an intermediate fungicidal product in the preparation of commercial ready-to-use fungicides and that, pursuant to General Explanatory Note (D)(2)(h) to Chapter 29, HTSUSA, it is properly classifiable in subheading 3808.20.5000, HTSUSA, as an intermediate fungicidal preparation.

We disagree with counsel's conclusions for several reasons. We note that the product, as imported, is a single chemical compound of a known structure which is altered by the special patented process. While the product is combined with other ingredients to form the finished product, this does not make it an intermediate preparation at the time of importation. The product, as imported, is not a mixture of two of more substances suitable for a specific use. It does not consist of suspensions or dispersions of the active product in water or in other liquids, or of other mixtures. It is only after importation that the product becomes suitable for a specific use when it is mixed as previously noted.

Counsel notes that the imported product has, prior to importation, undergone a special process which leaves its chemical composition unchanged and that it, therefore, is excludable from Chapter 29 by the application of General Explanatory Note (D)(2). While that source would seem to be applicable to the instant product at first glance, we note that such Note provides that this type of product is excludable only when "put up as described in heading 38.08." We, therefore, considered Explanatory Note (EN) 38.08 to see if it complied with the provisions thereof. That EN provides that the product is classified in heading 3808 when the product is put up in packing or in forms "that there can be no doubt that they will normally be sold by retail." Products which are suspensions or dispersions of the active product in water or in other liquids or of other mixtures or which are solutions of active products in solvents other than water are also included thereunder. The Note also provides that the products are includable in such heading when they are put up in the form of articles as described thereunder.

After considering EN 38.08, we have concluded that the instant product does not meet the requirement thereof as described above. Accordingly, the product is not put up as described in heading 38.08, as is required for it to be excluded from classification in Chapter 29.


Copper-8-quinolinolate 98 (Quinolate 98) in B' form imported in bulk and compounded subsequent to importation into finished fungicide products is classifiable in subheading 2933.40.3000, HTSUSA. Products so classifiable are subject to a general rate of duty of 11.1 percent ad valorem.

NYRL 879995 is hereby affirmed.


John Durant, Director

Previous Ruling Next Ruling

See also: