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Dec. 23 CBP Bulletin Proposes to Revoke Rulings on Bilberry and Blueberry Extract Powders

In the Dec. 23 issue of the CBP Customs Bulletin (Vol. 49, No. 51) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for bilberry and blueberry extract powders.

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Comments on Proposals Due Jan. 22

CBP said consideration will be given to any written comments received by Jan. 22 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)

Proposals

CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.

Bilberry and Blueberry Extract Powders

Item: Bilberry and blueberry extract powders intended for use in dietary supplements.
Current: 1302.19.40, 1%, (Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: Other: Ginseng; substances having anesthetic, prophylactic or therapeutic properties: Other) and 1302.19.91, free, (Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: Vegetable saps and extracts: Other: Other.)
Proposed: 3824.90.92, 5%, (Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other.)
Reason: The powders have been purified via chromatography. Heading 1302 applies only to products that have been created through standard extraction methods, but not to those that have subsequently been enriched, purified, or otherwise refined so as to increase the contents of certain desirable compounds.
Proposed for revocation: HQ 964139, NY N219927, and NY N037866
Proposed for modification: NY N814027 and HQ 967972
Proposed new ruling: HQ H262217