CLA-2 OT:RR:CTF:TCM H017862 AP
Mr. Joseph J. Chivini
Director of Operations
Austin Chemical Company, Inc.
1565 Barclay Boulevard
Buffalo Grove, Illinois 60089
RE: Revocation of NY J84387; Classification of 6-Bromo-1-hexanol from Slovak Republic
Dear Mr. Chivini:
This is in regard to New York Ruling Letter NY J84387, issued to you by U.S. Customs and Border Protection (“CBP”), on June 17, 2003, regarding the classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of 6-Bromo-1-hexanol. In NY J84387, we determined that 6-Bromo-1-hexanol was classified under subheading 2905.19.00, HTSUS, currently 2905.19.90, HTSUS, which provides for “Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Saturated monohydric alcohols: Other: Other.” CBP has determined that NY J84387 is incorrect as it applies to the classification of 6-Bromo-1-hexanol. Therefore, this ruling revokes NY J84387.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. § 1625(c)(1)), as amended by section 623 of Title VI, notice proposing to revoke NY J84387 was published on July 7, 2010, in Volume 44, Number 28, of the Customs Bulletin. CBP received no comments in response to this notice.
FACTS:
The merchandise, 6-Bromo-1-hexanol has a molecular formula of C6H13BrO, and is assigned Chemical Abstracts Service (“CAS”) number 4286-55-9. It is indicated for use as a pharmaceutical intermediate. CBP Laboratories and Scientific Service Report No. NY20030881, dated June 3, 2003, states, in pertinent part, the following:
The Chapter 29 structural characteristics of the nonaromatic product are a halogen (brominated) group and an alcohol group. The product is a halogenated derivative of a saturated acyclic monohydric alcohol.
ISSUE:
Whether the substance, 6-Bromo-1-hexanol, is classified in subheading 2905.19.90, HTSUS, as an other saturated monohydric alcohol, or in subheading 2905.59.10, HTSUS, as a halogenated derivative of a monohydric alcohol.
LAW AND ANALYSIS:
Classification under the HTSUS is governed by the General Rules of Interpretation (“GRIs”), which need to be applied in numerical order. GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. The provisions at issue are the following:
II. ALCOHOLS AND THEIR HALOGENATED,
SULFONATED, NITRATED OR NITROSATED
DERIVATIVES
2905 Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives:
Saturated monohydric alcohols:
* * *
2905.19 Other:
* * *
2905.19.90 Other …..
Halogenated, sulfonated, nitrated or nitrosated derivatives of acyclic alcohols:
* * *
2905.59 Other:
2905.59.10 Derivatives of monohydric alcohols …..
In understanding the language of the HTSUS, the Explanatory Notes (“ENs”) may be used. The ENs, even though not dispositive or legally binding, may provide commentary on the scope of each heading of the HTSUS, and are the official interpretation of the harmonized system at the international level. CBP believes that ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989). EN 29.05(A)(5) lists “[h]exanols and heptanols” as “Saturated Monohydric Alcohols.”
There is no dispute that 6-Bromo-1-hexanol is classified in heading 2905, HTSUS, at GRI 1. At issue is the proper 6-digit subheading. GRI 6 states that the classification of goods in a subheading is determined according to the terms of the subheadings and any related subheading notes, and that only subheadings at the same level are comparable.
In NY B80147, dated January 16, 1997, we determined that the same chemical product is classified under subheading 2905.50.10, HTSUS, which provides for “Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Halogenated, sulfonated, nitrated or nitrosated derivatives of acyclic alcohols: Other: Derivatives of monohydric alcohols.”
Additionally, the laboratory report concludes that the product is a halogenated derivative of a saturated acyclic monohydric alcohol. CBP laboratory reports are presumed to be correct. See Aluminum Co. of America v. United States, 60 C.C.P.A. 148, 151, 477 F.2d 1396, 1398 (1973). Absent a conclusive showing that the testing method used by the CBP laboratory is in error, or that the laboratory results are erroneous, there is a presumption that the laboratory results are correct. See Exxon Corp. v. United States, 81 Cust. Ct. 87, 91, 462 F. Supp. 378, 381 (Cust. Ct. 1978), aff’d, 607 F.2d 985 (C.C.P.A. 1979). In view of the CBP laboratory report issued in this case, 6-Bromo-1-hexanol is a compound with a halogen (brominated) group and an alcohol group making it a halogenated derivative of a hexanol. The hexanol is a saturated monohydric alcohol. However, the instant product is not a saturated monohydric alcohol itself. It is a derivative of monohydric alcohols. Accordingly, the substance is classified in subheading 2905.50.10, HTSUS, as a halogenated derivative of acyclic alcohols.
HOLDING:
Pursuant to GRIs 1 and 6, 6-Bromo-1-hexanol is classified in heading 2905, HTSUS. Specifically, it is classified in subheading 2905.59.10, HTSUS, which provides for “Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Halogenated, sulfonated, nitrated or nitrosated derivatives of acyclic alcohols: Other: Derivatives of monohydric alcohols.” The general, column one applicable rate of duty is 5.5 percent ad valorem.
Duty rates are provided for convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
EFFECT ON OTHER RULINGS:
NY J84387, dated June 17, 2003, is REVOKED. In accordance with 19 U.S.C. § 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division