Aug. 24 CBP Bulletin Proposes to Revoke Rulings on Flavored Teas, Renewable Diesel
In the Aug. 24 issue of the CBP Customs Bulletin (Vol. 50, No. 34) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the classification of flavored teas and renewable diesel.
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Comments on Proposals Due Sept. 23
CBP said consideration will be given to any written comments received by Sept. 23 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.
Flavored Teas
| Item: Various flavored teas packaged into filter bags and retail cartons. The content of the immediate packings does not exceed 3 kg. |
| Current: 2101.20.90, 8.5%, “Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate: Other: Other: Other." |
| Proposed: 0902.10.10, 6.4%, “Tea, whether or not flavored: Green tea (not fermented) in immediate packings of a content not exceeding 3 kg: Flavored.” |
| Reason: Chapter 21 excludes flavored teas. Tea that has been flavored by the addition of essential oils, artificial flavorings, or parts of various other aromatic plants or fruits is also classified in heading 0902, which is true of the teas at issue here, CBP said. |
| Proposed for revocation: NY G87506, (2001) |
| Proposed for modification: NY N004103 (2006) and NY N041686 (2008) |
| Proposed new ruling: HQ H260569 |
Renewable Diesel
| Item: Renewable diesel fuel made from hydrotreated vegetable oil and waste fats for use in existing fuel infrastructure. |
| Current: 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." |
| Proposed: 2710.19.4590, 5.3%, “Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils: Other: Mixtures of hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon compound." |
| Reason: The fuel is fully deoxygenated and consists only of aliphatic hydrocarbon chains, and may be produced either from vegetable or animal oils, CBP said. The explanatory note to chapter 38.26 suggests that products that meet this description be classified in heading 27.10. |
| Proposed for revocation: NY N250961 (2014). |
| Proposed new ruling: HQ H258443 |