Nov. 11 CBP Bulletin Proposes to Revoke Rulings on Luo Han Guo Sweetener
In the Nov. 11 issue of the CBP Customs Bulletin (Vol. 49, No. 44) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for luo han guo powder and liquid products.
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Comments on Proposals Due Dec. 11
CBP said consideration will be given to any written comments received by Dec. 11 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.
Luo Han Guo Powder and Liquid Products
| Item: Sugar substitutes derived from the fruit of the luo han guo plant. One comes in powder form, comprised 80 percent of mogrosides (a type of glycoside). Two others come in liquid form, comprised 80 percent mogrosides and 55.9 percent mogrosides, respectively. |
| Current: 3824.90.92, 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); 1302.19.91, free, (Vegetable saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: Vegetable saps and extracts: Other: Other) |
| Proposed: 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); 2938.90.0000, 3.7%, (Glycosides, natural or reproduced by synthesis, and their salts, ethers, esters and other derivatives: Other) |
| Reason: The luo han guo powder and liquid with 80 percent mogrosides have few enough impurities that they should be classified as pure glycosides under subheading 2938.90.0000. However, the liquid with 55.9% mogrosides has too many impurities, and cannot. Goods are only classifiable as vegetable saps and extracts under subheading 1302,19.91 if they have not been further purified, so the liquid with 55.9% mogrosides is classifiable as other chemical products under subheading 3824.90.92. |
| Proposed for revocation: HQ W967214 (2004), NY K84522 (2004), NY N046672 (2009) |
| Proposed for modification: HQ H106785 (2010) |
| Proposed new ruling: HQ H249896 |