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 > 1997 HQ Rulings > HQ 954564 - HQ 955362 > HQ 954673

Previous Ruling Next Ruling
HQ 954673

December 10, 1993
CLA-2 CO:R:C:F 954673 JGH


TARIFF NO.: 2933.90.2000

District Director of Customs
610 South Canal Street
Chicago, Illinois 60607

RE: Decision on Application of Further Review of Protest No. 3901-93-100737 on the Classification of Ethyl (R)-2-{4-6- Chloroquinoxalin-2-yloxy) phenoxy} propionate, from Japan.

Dear Sir:

This protest involves the classification under the Harmonized Tariff Schedules of the United States (HTSUS), of the above named chemical entered on December 10, 1992, and liquidated April 9, 1993.


The above chemical, a herbicide, is an optically active isomer, with the common name - Quizalofop-P-ethyl.

On July 25, 1989, Customs ruled, in NYRL 843561, that Quizalofop ethyl, the common name for 2-[4-{-(6-chloro-2- quinoxalinyl) oxy]-proprionic acid, ethyl ester, was classifiable as an other heterocyclic compound with nitrogen hetero-atom(s) only, in subheading 2933.90.2000, HTSUS.


Whether Quizalofop-P-ethyl is the same as Quizalofop ethyl and therefore entitled to duty-free status under subheading 9902.30.58, HTSUS.


For the specified period ending December 31, 1992, subheading 9902.30.58, HTSUS, provided that entries of 2-[4-(6- Chloro-2-quinoxalinyl)oxy]-phenoxy] propionic acid, ethyl ester (Quizalofop-ethyl) (provided for in subheading 2933.90.20) would be duty free. - 2 -

The entry in question was made within the specified period and the protestant maintains that it should therefore be duty free under the temporary suspension.

The chemical in issue with the common name Quizalop- P- ethyl is a different chemical than the one classified in NYRL 843561. It is an optically active isomer, with a different CAS number than the product known as Quizalofop-ethyl, which is listed with no optical activity notations. In fact, the Farm Chemicals Handbook, 1992, distinquishes the chemical products by chemical and common names, as well as trade names and CAS numbers: Quizalofop-ethyl - Assure - CAS # 76578-14-8 Quizalofop-P-ethyl - Assure II - CAS# 100646-51-3

Therefore, even though the imported product is classiable in the same subheading number in heading 2933, it is not the same product as listed in 9902.30.58, HTSUS; and, therefore, not entitled to duty-free status under 9902.30.58, HTSUS.


You are directed to deny the protest in full.

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


John Durant, Director

Previous Ruling Next Ruling

See also: