March 17 CBP Bulletin Proposes to Revoke Rulings on 'Gummies' Supplements, ActivPanel
In the March 17 Customs Bulletin (Vol. 55, No. 10), CBP published notices that propose to revoke rulings on “Gummies” dietary supplements and ActivPanels.
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Comments on Proposals Due April 16
CBP said consideration will be given to any written comments received by April 16 before taking these actions. 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.
Gummies Dietary Supplements
| Item: Gummies dietary supplements |
| Current: 2106.90.9500, 8%, “Food preparations not elsewhere specified or included ... other ... other ... articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17 ... described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions.” |
| Proposed: 2106.90.9897, 6.4%, “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other: Other: Other: Containing sugar derived from sugar cane and/or sugar beets.” |
| Reason: While the supplements “contain over 10 percent of sugar derived from sugar cane (based on the products’ ingredient breakdown that accompanied the original request for a ruling), the products at issue are not 'principally of crystalline structure' or 'in dry amorphous form' when they are imported and prepared for marketing to the ultimate consumer.” The gummies “are nutritional supplements consisting of substances with nutritive value, imported and prepared for marketing to the ultimate consumer in solid form, specifically in the form of nutritional supplement gummies, and containing sugar derived from sugar cane,” CBP said. |
| Proposed for revocation: NY N314621, dated October 1, 2020 |
| Proposed new ruling: HQ H316413 |
ActivPanel
| Item: ActivPanel interactive display that includes a menu bar that allows users access to applications, tools, files, and other attached computing machines |
| Current: 8471.60.10, Free, “Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: Input or output units, whether or not containing storage units in the same housing: Combined input/output units.” |
| Proposed: 8471.41.01, Free, “Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: Other automatic data processing machines: Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined.” |
| Reason: Based on the request for reconsideration, CBP found that the ActivPanel is freely programmable. |
| Proposed for revocation: HQ H304416, dated August 10, 2020 |
| Proposed new ruling: HQ H314277 |