Oct. 2 CBP Bulletin Proposes to Revoke, Modify Rulings on Thickened Beverages, Laminated Fabrics
In the Oct. 2 Customs Bulletin (Vol. 53, No. 35), CBP published notices that propose to revoke or modify rulings and similar treatment for thickened beverages and laminated fabrics
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Comments on Proposals Due Nov. 1
CBP said consideration will be given to any written comments received by Nov. 1 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.
Thickened Beverages
| Item: Thickened beverages designed for consumption by persons suffering from dysphagia, a chronic health condition which makes it difficult for a person to swallow. Because of the added thickener, these liquids do not have a normal consistency, but are thicker, with the consistencies of nectar and honey. |
| Current: Heading 2106, "Food preparations not elsewhere specified or included.” |
| Proposed: Heading 2202, “Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009.” |
| Reason: The beverages are in a liquid state, and are not so thick as to render them undrinkable. They are intended for hydration and nutrition, but are not “vital food and nutrient source" precluded from classification in heading 2202. The beverages are not dosed, are designed for hydration and don't bear warning labels, so they are not medicinal. |
| Proposed for modification: NY N301921 (2019), NY N301923 (2019) |
| Proposed new ruling: HQ H303137 |
Laminated Fabrics
| Item: Face fabric woven China and printed with a pattern (Savoy and Taffeta styles), or jacquard face fabric woven in India (Luna and Dahlia), laminated to a backing woven in Pakistan and an ethylene vinyl acetate adhesive multi-layer film made in Italy. The greige fabrics are sent to England, where they are printed, laminated together with the adhesive film, treated with a non-visible coating, trimmed and cut to width into long rectangular pieces of fabric with right angled corners, for use by manufacturers of window blinds. |
| Current: The country of origin of the fabric styles identified as Savoy and Taffeta is China, and the country of origin of the fabric styles identified as Luna and Dahlia is India. |
| Proposed: The country of origin of all four styles is England. |
| Reason: The face and back fabrics, as well as the adhesive film, pre-existed in essentially the same condition prior to being laminated together in England. The fabrics at issue meet the definition of wholly assembled. Since the fabrics were wholly assembled in England, England is the country of origin. |
| Proposed for revocation: HQ H192977 (2012) |
| Proposed new ruling: HQ H267054 |