July 3 CBP Bulletin Proposes to Revoke Rulings on Quinoa Seeds, D-Lysine
In the July 3 issue of the CBP Customs Bulletin (Vol. 47, No. 28), CBP published two notices that propose to modify rulings and similar treatment regarding the tariff classification of quinoa seeds and D-Lysine, a type of amino acid.
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Comments on Proposed Revocations Due Aug. 2
CBP said consideration will be given to any written comments received by Aug. 2 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 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.
Quinoa Seeds
| Item: Quinoa Seeds. Edible seeds from the quinoa plant, washed dried and packaged in Bolivia. The seeds are imported in the U.S. for use as a rice-like product. |
| Current: 1212.99.0000, Free (Other vegetable products of a kind used primarily for human consumption, not elsewhere specified or included, other, other.) |
| Proposed: 1008.50.00, 1.1% (Buckwheat, millet and canary seeds; other cereals (including wild rice): Quinoa (Chenopodium quinoa)). |
| Reason: Several U.S. and international organizations classify quinoa as a cereal grain, which is identified under heading 1008, said CBP. |
| Proposed for revocation: HQ 087765 (1990) |
| Proposed new ruling: HQ H223701 |
D-Lysine
| Item: D-Lysine is an isomer of lysine, an essential amino acid which is not synthesized in animals and must instead be ingested. |
| Current: 2922.41.0010, Free (Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Lysine and its esters;salts thereof: Meeting requirements of Food Chemical Codex, Codex Alimentarius or United States Pharmacopeia.) When the product does not meet the requirements of the Food Chemical Codex, Codex Alimentarius or United States Pharmacopeia, it is classified as 2922.41.0090, 3.7% (Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Lysine and its esters; salts thereof: Other) |
| Proposed: Only 2922.41.00, 3.7% (Oxygen-function amino-compounds: Amino-acids, other than those containing more than one kind of oxygen function, and their esters; salts thereof: Lysine and its esters; salts thereof.) |
| Reason: Lysine was deleted from the pharmaceutical appendix by the 1997 Annex to Presidential Proclamation 6982, said CBP. Lysine is thus no longer subject to duty free treatment pursuant to General Note 13.. |
| Proposed for revocation: NY N056378 (2009) |
| Proposed new ruling: HQ H091978 |