Aug. 9 CBP Bulletin Proposes to Revoke, Modify Rulings on Organic Chemistry Reaction Stations
In the Aug. 9 Customs Bulletin (Vol. 51, No. 32), CBP published a notice that proposes to revoke or modify rulings and similar treatment for parallel reaction stations for organic chemistry.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Comments on Proposals Due Sept. 8
CBP said consideration will be given to any written comments received by Sept. 8 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.
Reaction Stations
| Item: Machines used in the research and development of pharmaceutical compounds. These machines will aid in the creation of novel compounds by heating, cooling, and stirring/mixing chemicals that have been placed in reaction tubes within the machines. |
| Current: 8479.82.0040, Free, “Machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: mixing, kneading or stirring machines.” |
| Proposed: 8419.89.95, 4.2%, “Machinery, plant or laboratory equipment, whether or not electrically heated (excluding furnaces, ovens and other equipment of heading 8514), for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporizing, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, nonelectric; parts thereof: Other machinery, plant or equipment: Other: Other.” |
| Reason: CBP found the parallel reaction stations are fully described by the text of heading 8419 because the heating and cooling functions of the machines are designed to catalyze chemical reactions within the devices’ reaction tubes. |
| Proposed for revocation: NY I81272 (2002) |
| Proposed new ruling: HQ H274139 |