Feb. 5 CBP Bulletin Proposes to Revoke Numerous Rulings on Drink Mixes
In the Feb. 5 Customs Bulletin (Vol. 54, No. 4), CBP published a notice that proposes to revoke 29 and modify 22 rulings on drink mixes.
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Comments on Proposals Due March 6
CBP said consideration will be given to any written comments received by March 6 before taking this action. In addition, any party that 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.
Drink Mixes
| Item: Various types of drink mixes that are imported in the form of a powder. Water is added post-importation to turn the mixes into beverages. |
| Current: 1701, “Cane or beet sugar and chemically pure sucrose, in solid form,” or 1702, “Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavoring or coloring matter; artificial honey, whether or not mixed with natural honey; caramel.” |
| Proposed: 2106, “preparations for human consumption.” |
| Reason: The subject drink mixes do not have the character of sugar of Chapter 17, CBP said. “It is undisputed that they are not pure or raw sugar.” Also, “[a]s imported, they only require the addition of water to become a complete beverage,” which means “they are not mere sweeteners and fall outside the scope of headings 1701 and 1702.” The drink mixes are deliberately mixed preparations for human consumption in that they are intended to be drunk as beverages, the agency said. “Thus, they are similar to the exemplars of heading 2106.” |
| Proposed new ruling: HQ H157219 |