March 24 CBP Bulletin Proposes to Revoke Rulings on Hard Seltzer
In the March 24 Customs Bulletin (Vol. 55, No. 11), CBP published notices that propose to revoke rulings on hard seltzer.
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Comments on Proposals Due April 23
CBP said consideration will be given to any written comments received by April 23 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.
Hard Seltzer
| Item: Hard seltzer |
| Current: 2203.00.0060, Free, “Beer made from malt: In containers each holding not over 4 liters: Other” |
| Proposed: 2206.00.90, 4.2%, “Other fermented beverages (for example, cider, perry, mead, sakè); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: Other: Other.” |
| Reason: Hard seltzers differ from beer, CBP said. While production of the hard seltzer “begins with a traditional brewing and fermentation process, the finished beverage, which contains no hops, is altered during the manufacturing process to fundamentally change the character of the 'beer base,'” CBP said. “The 'beer base' is filtered to remove the color and aroma -- and consequently, any trace of 'beer' characteristics or flavor -- from the final product. After filtration, seltzer water and flavoring are added to the neutral base to further distinguish the final product from beer.” |
| Proposed for modification: NY N315004, dated Oct. 13, 2020, and NY N313678, dated Aug. 28, 2020 |
| Proposed new ruling: HQ H314978 |