July 1 CBP Bulletin Proposes to Modify, Revoke Rulings on Paperboard Boxes, Digestion Medicine
In the July 1 issue of the CBP Customs Bulletin (Vol. 49, No. 26) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of paperboard boxes and digestion medicine.
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Comments on Proposals Due July 31
CBP said consideration will be given to any written comments received by July 31 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 modifications, 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.)
Proposals
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 any treatment it has previously accorded to substantially identical transactions.
Paperboard Boxes
| Item: A rigid, non-corrugated paperboard box measuring 5–7/8” long x 5” high x 5–1/2” deep, with a lid. The interior of the box is lined with polyethylene foam, die cut in the shape of a Christmas ornament |
| Current: 4819.50.40, 3.9%, (Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers; box files, letter trays and similar articles, of paper or paperboard of a kind used in offices, shops or the like: Other packing containers, including record sleeves: Other) |
| Proposed: 4202, Classification beyond the four digit heading level will be determined based on the material that comprises the outer surface of the subject merchandise, (“Trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; traveling bags, insulated food or beverage bags, toiletry bags, knapsacks and backpacks, handbags, shopping bags, wallets, purses, map cases, cigarette cases, tobacco pouches, tool bags, sports bags, bottle cases, jewelry boxes, powder cases, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber or of paperboard, or wholly or mainly covered with such materials or with paper.) |
| Reason: The subject paperboard boxes are lidded containers, designed to fit specific Christmas ornaments and suitable for long-term use. They are “similar lidded containers” within the meaning of the explanatory note to heading 4202. |
| Proposed for modification: NY N014187 (2007) |
| Proposed new ruling: HQ H137557 |
Linzess
| Item: Linzess, which has Linaclotide as its active ingredient, is a guanylate cyclase-c agonist product, which acts locally in the intestine to reduce intestinal pain and accelerate gastrointestinal transit |
| Current: 3004.90.9160, free, (Medicaments... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses... or in forms or packings for retail sale: Other: Other: Other: Medicaments primarily affecting the digestive system: Other.) |
| Proposed: 3002.90.50, 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: The heading specifically excludes goods which can be classified under heading 3002 and Linzess is better classified under heading 3002. |
| Proposed for revocation: NY N233631 (2012) |
| Proposed new ruling: HQ H1261126 |