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May 1 CBP Bulletin Proposes to Modify Rulings on Dietary Supplements

In the May 1 Customs Bulletin (Vol. 53, No. 13), CBP published notices that propose to modify rulings and similar treatment for dietary supplements.

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Comments on Proposals Due May 31

CBP said consideration will be given to any written comments received by May 31 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.

Dietary Supplement

Item: Dietary supplement for weight management
Current: 2101.20.9000, 8.5%, “Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate: Other: Other: Other.”
Proposed: 2106.90.98, 6.4%, “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other.”
Reason: The supplement is based on tea extract but includes ingredients that aren't added starches or other carbohydrates, CBP said.
Proposed for modification: NY N293615 (2018)
Proposed new ruling: HQ H295066