Jan. 29 CBP Bulletin Modifies Rulings on Brussels Sprouts with Butter Sauce, Reagent Kits
The Jan. 29 issue of the CBP Customs Bulletin (Vol. 48, No. 4), CBP published two notices of modification of rulings and treatment regarding Brussels sprouts and reagent kits.
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Modifications Are Effective March 31
CBP is modifying these rulings, as well as any treatment CBP previously accorded to substantially identical transactions, effective for merchandise entered or withdrawn from warehouse for consumption on or after March 31.
Brussels Sprouts with Butter Sauce
| Item: Green Giant brand “Baby Brussels Sprouts & Butter Sauce." Frozen Brussels sprouts and frozen butter sauce chips, packed in a microwave bag. CBP determined that this product was not eligible for NAFTA preferential treatment, because it did not satisfy the required tariff shift. |
| New Ruling: HQ H212286 (dated 01/07/14), modifies NY N202500 (2012) |
| Old HTS/Rate: Heading 0710, (Vegetables (uncooked or cooked by steaming or boiling in water), frozen.) Not eligible for NAFTA preferential treatment. |
| New HTS/Rate: 2004.90.85 (Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: Other … .) Still not eligible for NAFTA preferential treatment. |
| Reason: The addition of the frozen butter sauce to the Brussels sprouts in the same packaging prior to import does not mean that the combination is not a "preparation," as required within heading 2004, said CBP. "The subject products constitute preparations despite the fact that they were not imported ready for consumption because, in their condition as imported, they consisted of ingredients that were already mixed together in the proportions necessary for the specified dish," the agency said. The Brussels sprouts still are not eligible for NAFTA preferential treatment because they are "neither wholly obtained nor produced in countries that are a party to the NAFTA or produced exclusively from domestic materials" |
(See 13091617 for summary of the proposed modification of this ruling.)
Reagent Kits
| Item: Reagent Kit IM 1579 RIA Free T3, This kit contains Ligand coated tubes and is radioactive labeled monoclonal antibody in bovine serum albumin and dye. It is used for the quantitative determination of triiodothyronine (T3) in human serum by the principle of the competitive protein binding analysis. |
| New Rulings: HQ H035574 (dated 01/07/14), modifies NY N019762 (2010) |
| Old HTS/Rate: 3002.10.01, Free, (Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes) |
| New HTS/Rate: 2844.40.00, Free, (Radioactive chemical elements and radioactive isotopes (including the fissile or fertile chemical elements and isotopes) and their compounds; mixtures and residues containing these products: Radioactive elements and isotopes and compounds other than those of subheadings 2844.10, 2844.20, and 2844.30; alloys, dispersions (including cermets), ceramic products and mixtures containing these elements, isotopes or compounds; radioactive residues) |
| Reason: CBP says the I-labeled monoclonal antibody, which gives the kit the essential character, was misclassified. The antibody is contained in a dispersion of bovine serum albumin, sodium azide and a dye having a specific radioactivity exceeding 74 becquerels per gram, which meets the terms of Chapter 28 note 6(d). |
(See 13030431 for summary of the proposed modification of this ruling.)