Sept. 25 CBP Bulletin Proposes to Modify Ruling on Pill Cases
In the Sept. 25 Customs Bulletin (Vol. 53, No. 34), CBP published a notice that proposes to modify rulings and revoke similar treatment for pill cases.
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Comments on Proposals Due Oct. 25
CBP said consideration will be given to any written comments received by Oct. 25 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.
Pill Cases
| Item: Pill cases with the outer shipping carton of the pill cases will be marked “Made in China.” After importation the importer will inspect the products and then will send the articles to a pharmaceutical company at which time they will be placed in a package with the pills. |
| Current: The ultimate purchaser of the pill case is the consumer who receives the case with the pills, so each pill case must be marked with the country of origin. |
| Proposed: The ultimate purchaser is the pharmaceutical company, so It is acceptable to mark the outermost container of the pill cases. |
| Reason: Under 19 CFR 134.24(b), when disposable “containers are packed and sold in multiple units,” the “outermost container which reaches the ultimate purchaser” may be marked with the country of origin. The ultimate purchaser of the these pill cases is the pharmaceutical company because they are “the last person in the United States who will receive the article in the form in which it was imported.” |
| Proposed for revocation: NY N153956 (2011) |
| Proposed new ruling: HQ H303064 |