May 3 CBP Bulletin Proposes to Revoke, Modify Rulings on Vial Stopper, Dried Algae Powder
In the May 3 issue of the CBP Customs Bulletin (Vol. 51, No. 18) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for plastic button stoppers on vials and dried algae powder.
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Comments on Proposals Due June 2
CBP said consideration will be given to any written comments received by June 2 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.
Aluminum Ferrule/Plastic Button Combinations
| Item: An aluminum/plastic flip cap that consists of an aluminum ferrule with a plastic button style cap used to seal vials. |
| Current: 3923.50.0000 5.3%, “Stoppers, lids, caps and other closures, of plastics." |
| Proposed: 8309.90.0000, 2.6%, “Stoppers, caps and lids (including crown corks, screw caps and pouring stoppers), capsules for bottles, threaded bungs, bung covers, seals and other packing accessories, and parts thereof, of base metal: Other." |
| Reason: Since neither plastic button nor aluminum ferrule forms the complete seal, it cannot be determined which of the two imparts the essential character of the subject merchandise in its condition as imported. Instead, the product is classified under the heading which occurs last in numerical order. |
| Proposed for modification: NY N260351 (2015) |
| Proposed new ruling: HQ H271369 |
Algae Powder
| Item: Dried Algae Powder |
| Current: 1212.20.0000, Free, “Seaweeds and other algae." |
| Proposed: 2102.20.6000, 3.2%, “Yeasts (active or inactive); other single-cell microorganisms, dead (but not including vaccines of heading 3002); prepared baking powders: Inactive yeasts; other single-cell microorganisms, dead: Other." |
| Reason: "The dried algae powder at issue consists of nannochloropsis sp. cultures that have undergone concentration by centrifugation and, subsequently, concurrent drying and milling in a milling flash dryer," CBP said. " It is indisputable that nannochloropsis sp. is a single-cell algal microorganism." |
| Proposed for revocation: NY N128055 (2015) |
| Proposed new ruling: HQ H284445 |