HQ 954673: 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.

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

CATEGORY: Classification

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.

FACTS:

     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.

ISSUE:

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

LAW and ANALYSIS:

     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.

HOLDING:

     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.

                              Sincerely,




                              John Durant, Director