April 30 CBP Bulletin Proposes to Revoke Rulings on Botox, Psoriasis Drug
In the April issue of the CBP Customs Bulletin (Vol. 48, No. 17), CBP published two notices that propose to revoke rulings and similar treatment for the tariff classification of Botox and Amevive, a drug used to treat psoriasis.
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Comments on Proposed Revocations Due May 30
CBP said consideration will be given to any written comments received by May 30 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 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.
Botox
| Item: Botox Cosmetic is botulinum purified from the culture solution by dialysis and a series of acid precipitations. The principal use is a preparation, which is injected into muscles and used to improve the look of moderate to severe frown lines between the eyebrows. |
| Current: 3304.99.5000, Free, (Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure or pedicure preparations: Other: Other: Other.) |
| Proposed: 3002.90.51, Free, (Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes; vaccines, toxins , cultures of micro-organisms (excluding yeasts) and similar products: Other: Other.) |
| Reason: Because Botox is not primarily used for “beauty or make up preparation, or a preparation for the care of the skin,” it is not classifiable in heading 3304. Therefore, it is not excluded from heading 3002 and because Botox is an intramuscular injection of a toxin it is properly classified in heading 3002, said CBP. |
| Proposed for revocation: NY 209720 (2012). |
| Proposed new ruling: HQ 227295 |
Amevive
| Item: Amevive is a drug used to treat psoriasis and contains Alefacept. The drug is imported in bulk form and in single vials |
| Current: In bulk form -- 3003.90.0000, Free, (Medicaments … consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale: Other.) In single dose vials -- 3004.90.9145, Free (Medicaments … consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses put up in measured doses or in forms or packings for retail sale:Other: Other: Other: Dermatological agents and local anesthetics.) |
| Proposed: 3002.10.02, Free, (… modified immunological products, whether or not obtained by means of biotechnological processes… : Antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes.) |
| Reason: The headings the Amevive were classified as specifically exclude goods which can be classified under heading 3002. Amevive is an antibody fragment conjugate, an antibody combined with a protein, a class of monoclonal antibodies (MABs) which is a type of immunomodulator. Antibody fragment conjugates and MABs are included within the definition of “modified immunological products” and can be classified in heading 3002, said CBP. The subject merchandise is imported in two forms, bulk and measured doses for retail sale, but the products remain classified in heading 3002, regardless, it said. |
| Proposed for revocation: NY J80522 (2003) |
| Proposed new ruling: HQ H207575 |