United States v. Aceto Chemical Co.

Baldwin, Judge.

This is an appeal from the order of the Customs Court, 75 Cust. Ct. 167, C.D. 4625, 408 F. Supp. 1389 (1975), granting plaintiff’s motion for summary judgment and holding that a fungicide containing less than one percent benzenoid product, as a wetting agent, is properly classified by the principal ingredient, thiuram, under item 425.36, Tariff Schedules of the United States (TSUS). We affirm.

The merchandise, described on the invoices as “Thiram 76% W.P. green,” was classified under item 409.00, TSUS, as a mixture in part of a benzenoid product provided for in Subpart C of Part…