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CBP Reconciles Inconsistent Classifications of Solutions Used as Fertilizer

Friday, January 06, 2012
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has issued a final determination in response to a petition requesting the reconciliation of inconsistent classification decisions of a certain CN-9 solution. This solution is a hydrated ammonium calcium nitrate double salt that is primarily used as a fertilizer but is also used for waste water treatment.

CBP liquidated the solution as other salts of inorganic acids under HTSUS 2842.90.90 in June 2010 and as mineral or chemical fertilizers under HTSUS 3102.60 in October 2009. CBP has now agreed with the petitioner, an importer, that the proper classification is HTSUS 3102.60. CBP states that while it can also be used for water treatment, the solution’s primary use is as a fertilizer and its chemical structure is identical for both uses.

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