[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48875-48876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20119]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[Docket No. USCBP-2011-0025]


Receipt of Petition To Reconcile Inconsistent Customs and Border 
Protection Decisions Concerning the Tariff Classification of CN-9 
Solution

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of receipt of petition to reconcile inconsistent Customs 
and

[[Page 48876]]

Border Protection classification decisions; solicitation of comments.

-----------------------------------------------------------------------

SUMMARY: Customs and Border Protection (``CBP'') has received a 
petition, dated June 6, 2010, submitted by an importer (``petitioner'') 
under 19 CFR 177.13, requesting the reconciliation of inconsistent 
classification decisions under the Harmonized Tariff Schedule of the 
United States (``HTSUS'') of a certain CN-9 solution that has been 
liquidated under subheading 2842.90.90, HTSUS, at the Port of Baltimore 
on June 3, 2010, and under subheading 3102.60.00, HTSUS, at the Port of 
Long Beach on October 13, 2009. The petitioner contends that the proper 
classification for the CN-9 Solution is in subheading 3102.60.00, 
HTSUS, as ``Mineral or chemical fertilizers, nitrogenous: Double salts 
and mixtures of calcium nitrate and ammonium nitrate.'' This document 
invites comments with regard to the correctness of each classification.

DATES: Comments must be received on or before August 24, 2011.

ADDRESSES: You may submit comments, identified by docket number, by one 
of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments via docket number 
USCBP-2011-0025.
    <bullet> Mail: Trade and Commercial Regulations Branch, Regulations 
and Rulings, Office of International Trade, Customs and Border 
Protection, 799 9th Street, NW., (Mint Annex), Washington, DC 20229-
1179.
    Instructions: All submissions received must include the agency name 
and docket number for this petition to reconcile inconsistent decisions 
concerning the tariff classification of CN-9 Solution. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read any comments received go 
to http://www.regulations.gov. Submitted comments may also be inspected 
during regular business days between the hours of 9 a.m. and 4:30 p.m. 
at the Trade and Commercial Regulations Branch, Regulations and 
Rulings, Office of International Trade, Customs and Border Protection, 
799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect 
submitted comments should be made in advance by calling Joseph Clark, 
Trade and Commercial Regulations Branch, at (202) 325-0118. Please note 
that any submitted comments that CBP receives by mail will be posted on 
the above-referenced docket for the public's convenience.

FOR FURTHER INFORMATION CONTACT: Tamar Anolic, Tariff Classification 
and Marking Branch, Regulations and Rulings, Office of International 
Trade at (202) 325-0036.

SUPPLEMENTARY INFORMATION:

Background

    A petition has been filed under section 177.13, CBP regulations (19 
CFR 177.13), on behalf of Yara North America, Inc. (``Yara''). Yara is 
a subset of Yara International ASA, a global firm specializing in 
agricultural products and environmental protection agents. It is a 
supplier of mineral fertilizers. As an importer of these products, Yara 
has received inconsistent classification decisions on its merchandise 
at different ports. As such, Yara meets the requirements as an 
interested party set forth in 19 CFR 177.13(a)(2) and 19 U.S.C. 1514(c) 
and meets the requirements regarding the types of decisions subject to 
petition set forth in 19 CFR 177.13(a)(1) and 19 U.S.C. 1514(a). 
Furthermore, having filed this petition within 90 days of the latest 
decision it received from a port, Yara meets the timeliness 
requirements of 19 CFR 177.13(a)(3). Lastly, Yara also meets the 
requirements of 19 CFR 177.13(b)(2), and specifically 19 CFR 
177.13(b)(2)(i) in that their petition contains a complete description 
of the inconsistent decisions of which they complain. Their petition 
includes enough information to demonstrate the inconsistency of the 
decisions at the Ports. Furthermore, the company has submitted a sample 
that has been tested at Customs and Border Protection (``CBP'') 
laboratories. Yara is requesting that CBP classify the imported 
merchandise in subheading 3102.60.00, Harmonized Tariff Schedule of the 
United States (HTSUS).
    This transaction in particular concerns Yara's importation of CN-9 
Solution, a hydrated ammonium calcium nitrate double salt that is 
primarily used as a fertilizer but is also used for waste water 
treatment. Yara entered the subject merchandise at the Port of Long 
Beach between January 24, 2009 and September 8, 2009, and the Port of 
Baltimore on April 20, 2010, under subheading 3102.60.00, HTSUS, as 
``Mineral or chemical fertilizers, nitrogenous: Double salts and 
mixtures of calcium nitrate and ammonium nitrate.'' Citing Legal Note 
2(a)(v) to Chapter 31, HTSUS, the Port of Long Beach liquidated the 
subject merchandise as entered.
    Citing Legal Note 5 to Chapter 28, HTSUS, the Port of Baltimore 
liquidated the subject merchandise under subheading 2842.90.90, HTSUS, 
as ``Other salts of inorganic acids or peroxoacids (including 
aluminosilicates whether or not chemically defined), other than azides: 
Other: Other.''

Comments

    Pursuant to section 177.13(c), CBP regulations (19 CFR 177.13(c)), 
before making a determination on this matter, CBP invites written 
comments on this petition to resolve inconsistent CBP decisions.
    The comments received in response to this notice, will be available 
for public inspection on the docket at http://www.regulations.gov. 
Please note that any submitted comments that CBP receives by mail will 
be posted on the above-referenced docket for the public's convenience.

    Authority: This notice is published in accordance with section 
177.13(c), CBP Regulations (19 CFR 177.13(c)).

    Dated: August 3, 2011.
Sandra L. Bell,
Executive Director, Regulations and Rulings, Office of International 
Trade.
[FR Doc. 2011-20119 Filed 8-8-11; 8:45 am]
BILLING CODE 9111-14-P