New Set of Amendments to the Harmonized System Explanatory Notes (Part III)
The World Customs Organization (WCO) has issued an amending supplement (No. 4, dated August 2003) to the Harmonized System Explanatory Notes (ENs). (Although not binding on U.S. Customs and Border Protection (CBP), the ENs are followed by CBP whenever possible.) (This is Part III of a multi-part series of summaries on this amending supplement. See future issues of ITT for additional summaries.)
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The following outlines these amendments to the ENs:
1. Bone grafting substitutes in HS 3004
Amends the ENs to HS 3004 to add to the section which states "The heading also covers the following products, provided they are put up as prescribed in paragraph (a) or (b) above:" a new paragraph which states "(3) Bone graft substitutes, such as those made from surgical grade calcium sulfate, which are injected into a cavity of the fractured bone and spontaneously resorbed and replaced by bone tissue; these products provide a crystalline matrix on which new bone can grow as the matrix is resorbed."
In addition, a new sentence is added below new "(3)" to state: "However, the heading (HS 3004) excludes bone reconstruction cements, usually containing a hardener (curing agent) and an activator and used, e.g., for attaching prosthetic implants to existing bone (heading 30.06)."
2. Bone reconstruction cements in HS 3006
Amends the ENs to HS 3006 by expanding the last sentence of "(6) Dental cements and fillings and bone reconstruction cements" to state: "The heading also covers bone reconstruction cements, usually containing a hardener (curing agent) and activator and used, e.g., for attaching prosthetic implants to existing bone; these cements usually cure at body temperature." (This sentence had previously only stated "The heading also covers bone reconstruction cements.")
In addition, in the paragraph below "(6)" a second sentence is added which states: "Bone graft substitutes, such as those made from surgical grade calcium sulfate, which provide a crystalline matrix on which new bone can grow as the matrix is resorbed are also excluded (heading 30.04)."
3. Feldspar in HS 3207
Amends the ENs to HS 3207 by changing the spelling of "feldspar" in "(2) Vitrifiable enamels and glazes." (Feldspar had previously been spelled "felspar.")
4. Injectable intracutaneous gels in HS 3304
Amends the paragraph "(A)(3)" in the ENs to HS 3304 by adding the following items to those covered under part of HS 3304: "injectable intracutaneous gels for wrinkle elimination and lip enhancement (including those containing hyaluronic acid)."
5. Feldspar in HS 3824
Amends the ENs to HS 3824 by changing the spelling of "feldspar" in one place in paragraph "(B)(24)" and in two places in paragraph "(B)(45)." (Feldspar had previously been spelled "felspar" in each instance.)
6. Plastics and textile combinations in Chapter 39
In the ENs to Chapter 39 (Gen9), amends "(d)" under "Plastics and textile combinations" by adding to the first sentence after the words "textile fabrics" the phrase "(as defined in Note 1 to Chapter 59)".
In the first sentence of the second paragraph under "(d)" after the words "uniformly dyed textile fabrics" the phrase "felt or nonwovens" is added.
(See ITT's Online Archives or 03/25/04 news, 04032535, for BP summary of Part II. See ITT's Online Archives or 06/13/03 news, (Ref:03061330), for the final part of BP's summary of the February 2003 amendments to the ENs.)
Information about the Harmonized System is available on the WCO's Web site athttp://www.wcoomd.org/ie/En/Topics_Issues/topics_issues.html
EN amendments available at
http://www.wcoomd.org/ie/En/Topics_Issues/HarmonizedSystem/ENHS31E