Aug 24 Bulletin Actions on Polyphenylene Sulfide, Antibody Medicaments
In the August 24, 2011 issue of the U.S. Customs and Border Protection Bulletin (Vol. 45, No. 35), CBP published two notices on its revocation and modification of five rulings and similar treatment regarding the tariff classification of polyphenylene sulfide and of certain monoclonal antibody medicaments.
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Modifications and Revocations Are Effective October 24
These revocations and modifications are effective for the listed rulings, as well as any treatment CBP has previously accorded to substantially identical transactions, for merchandise entered or withdrawn from warehouse for consumption on or after October 24, 2011.
Polyphenylene Sulfide
| Item: Two types of polyphenylene sulfide (a type of polysulfide), Black and Natural resins1. The products consist of polyphenylene sulfide homopolymer glass reinforced molding resin, with a mold release agent. The black color and natural colored resins will be imported in pellet form for use in the manufacture of injection molded plastic housings for electronic connectors. |
| New Ruling: HQ H110997 (dated 08/04/11, revoked NY N027045) |
| New HTS/Rate: 3911.90.25, 6.1% (Other polysulfides) |
| Old HTS/Rate: 3907.20.00, 6.5% (Other polyethers) |
| Reason: By application of General Rule of Interpretation (GRI) 1, CBP states the product is correctly classified in heading 3911 as the polyphenylene sulfide is fully described by the terms of the heading. CBP notes that polyphenylene sulfide is a polysulfide because the sulfur atoms in the structure are bound by carbon atoms, and there are no oxygen atoms. Therefore, polyphenylene sulfide cannot be classified as an "other polyether" in heading 3907, which provides for polyethers characterized by an oxygen atom linked by carbon-hydrogen compounds. The General Explanatory Notes to Chapter 39 also state that the glass reinforcement, mold release agent, and color added to the polyphenylene sulfide do not affect its classification under heading 3911. |
1DIC PPS FZ-1140-D5 Black and DIC PPS FZ-1140-D5 Natural
Monoclonal Antibody Medicaments
| Item: Monoclonal antibody medicaments: Avastin™, Antegren®, Campath®, Herceptin®, Raptiva®, Rituxan®, and Xolair®. |
| New Rulings: HQ H110421, HQ H110420, HQ H110419, HQ H128157 (dated 08/02/11, modified NY K83806, NY K83509, revoked NY K86861, NY H85059) |
| New HTS/Rate: 3002.10.01, free (modified immunological products) |
| Old HTS/Rate: 3003.90.00, 3004.90.91, free (medicaments for therapeutic or prophylactic uses) |
| Reason: Both headings 3003 and 3004 specifically exclude goods which can be classified under heading 3002. CBP now finds that because the subject antibody medicaments are included within the definition of "modified immunological products" in heading 3002, they are excluded from classification under headings 3003 and 3004. |
(See ITT's Online Archives or 07/01/11 and 05/17/11 news, 11070111 and 11051723, for BP summaries of the proposed revocation and modification of these rulings.)