HQ 223811: Request for Approval of Substitution Same Condition Drawback; Albright & Wilson America, Incorporated

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            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