April 18 CBP Bulletin Proposes to Modify, Revoke Rulings on Antibiotics, Combs
In the April 18 Customs Bulletin (Vol. 52, No. 16), CBP published notices that propose to modify or revoke rulings and similar treatment for antibiotic products and combs.
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Comments on Proposals Due May 18
CBP said consideration will be given to any written comments received by May 18 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.
Natamycin
| Item: Natamycin, a naturally occurring antibiotic produced by Streptomyces natalensis and by Streptomyces chattanoogensis. Natamycin is indicated for use in the treatment of some types of fungus infections of the eye. This classification is for natamycin 50% with lactose and natamycin 50% with sodium chloride. |
| Current: 3003.20.0000, Free, "Medicaments ... consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Containing other antibiotics." |
| Proposed: 3808.92.50, 5%, "Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Other: Fungicides: Other: Other: Other." |
| Reason: Heading 3003 is a use provision and covers medicaments consisting of two or more constituents mixed together for therapeutic or prophylactic uses that are not put up in measured doses or in forms, or packings for retail sale, CBP said. "Even though the instant mixtures are imported in bulk form, they are not used as medicaments for the treatment or prevention of a disease or ailment. Instead, they are used as antimycotic agents in the food industry" as a food preservative. |
| Proposed for modification: NY I82455 (2002) |
| Proposed new ruling: HQ H261418 |
EZ Comb
| Item: A comb with adjustable teeth used by women and girls to style their hair and to create updos, pony tails, butterfly twists, French twists and additional hair styles. |
| Current: 9615.11.5000, Free, "Combs, hair-slides and the like; hairpins, curling pins, hair-curlers, and the like, other than those of heading 8516, and parts thereof: Combs, hair-slides, and the like: of hard rubber or plastic: Other: Other” |
| Proposed: 9615.11.10/30, 14.4¢/gross + 2% ad valorem if valued not over $4.50 per gross or 28.8¢/gross + 4.6% ad valorem if valued over $4.50 per gross, “Combs, hair-slides and the like; hairpins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof: Combs hair-slides and the like: Of hard rubber or plastics: Combs: Valued not over $4.50 per gross” or “...Other: Valued over $4.50 per gross.” |
| Reason: Since EZ Comb is anchored by two combs with teeth to secure the hair in place and does not contain any bars, hinges or clips, it does not meet the dictionary definitions of a hair-slide (or the American-term of barrette). The applicable subheading for the EZ Comb is 9615.11.10 or 9615.11.30, depending upon the value of the combs. |
| Proposed for revocation: NY 048195 (2009) |
| Proposed new ruling: HQ H088397 |