Feb. 27 CBP Bulletin Proposes to Revoke Rulings on Aluminum Powder, Bitrex Compound
In the Feb. 27 issue of the U.S. Customs and Border Protection Bulletin (Vol. 47, No. 10), CBP published two notices that propose to revoke rulings and similar treatment regarding the tariff classification of aluminum powder and a compound made with 25 percent Bitrex, "the bitterest compound known."
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Comments on Proposed Revocations Due March 29
CBP said consideration will be given to any written comments received by March 29 before taking this action. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, 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.)
Proposed Revocations
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 or modify any treatment it has previously accorded to substantially identical transactions.
Aluminum Powder
| Item: Wetted Spherical Aluminum Powder. A lumpy gray powder composed of aluminum, other base metals, and a non-aromatic organic solvent used as a wetting agent. It can be used for paints as a metallic pigment, rocket fuel, electronics and solar panels. |
| Current: 3824.90.9290, 5% (Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other.) |
| Proposed: 7603.10.00, 5% (Aluminum powders and flakes: Powders of a non-lamellar structure.) |
| Reason: The instant product consists of more than 80% aluminum and is therefore to be classified as an alloy of aluminum, as the aluminum gives the product its essential character.. |
| Proposed for revocation: NY N117455 (2010) |
| Proposed new ruling: HQ H161855 |
Bitrex
| Item: Bitrex, 25% in Propylene Glycol. Bitrex is the brand name for denatonium benzoate, an aromatic, cyclic amide indicated for use as a denaturant and bittering agent. The solution has 25% Bitrex and 75% propylene glycol, also a chemical compound |
| Current: 3824.90.9190, 5% (foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other). |
| Proposed: 3824.90.28, 6.5% (Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other) |
| Reason: The Bitrix solution contains 25% denatonium benzoate in 75% propylene glycol. Therefore, the solution contains more than 5% of an aromatic substance. |
| Proposed for modification: NY L85332 (2005), HQ 968018 (2006) |
| Proposed new ruling: HQ H072379 |