Classification of diluted aromatic chemical solution under Chapter 29, not as a mixture of odoriferous substances

An imported solution of a single aromatic chemical in an organic solvent was held not to be a mixture of odoriferous substances under Heading 33.02 because the record showed a chemically defined organic compound, or a mixture of isomers of the same compound, falling within Chapter Note 1(a) or 1(b) of Chapter 29. The solvent was used for dilution and handling, not to make the product specially suitable for a specific use. Heading 33.02 was rejected, and the product was treated as classifiable in Chapter 29, with the precise sub-classification remanded for reconsideration.

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Issues: Whether the imported product, a solution of an aromatic chemical in an organic solvent, was classifiable under Heading 33.02 as a mixture of odoriferous substances or fell within Chapter 29 by reason of Chapter Note 1(e).

Analysis: The product was found to contain a single aromatic chemical in solution form, and the technical material showed that the chemical was commercially marketed in diluted form because of its physical nature and for ease of handling and transport. On the record, the chemical was either a separate chemically defined organic compound or a mixture of isomers of the same compound, both of which are covered by Chapter Note 1(a) or 1(b). The solvent was not shown to make the product specially suitable for a specific use rather than for general use, and the product was not established to be a mixture of odoriferous substances as required by Heading 33.02.

Conclusion: Heading 33.02 was not applicable, and the product was to be treated as falling within Chapter 29. The matter was remanded for reconsideration of the precise classification within Chapter 29.

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