June 25 CBP Bulletin Proposes to Revoke Rulings on Hemin
In the June 25 Customs Bulletin (Vol. 59, No. 26), CBP published a proposal to revoke two ruling letters concerning the tariff classification of hemin.
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Comments on Proposal Due July 25
CBP said consideration will be given to any written comments received by July 25 before taking these actions. In addition, any party that 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 after the effective date of the final decision in this notice.)
Proposal
CBP is proposing to revoke or modify the ruling below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Hemin
| Item: NY F88418: Hemin (Chemical Name - chloro[7,12-diethenyl-3,8,13,17 tetramethyl-21H,23H-porphine-2,18-dipropanoato(4-)-N21,N22,N23,N24]-, dihydrogen, (SP-5–13)-Ferrate(2-), a chemical intermediate; and NY 866291: hemin (CAS# 16009-13-5) |
| Current: 2492.00.50, “Other organic compounds: Other.” |
| Proposed: 3002.12.0090, “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; cell cultures, whether or not modified: Antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes: Antisera and other blood fractions: Other.” |
| Reason: Hemin is a component of blood that is extracted from whole human blood. It is therefore a blood fraction of heading 3002. Hemin is thus prima facie classified in both heading 2942 as an organic compound, and heading 3002 as a blood fraction. As blood fractions do not meet the definition of Note 2 to Chapter 30 defining “immunological products,” they are not excluded from Chapter 29 by Note 2 to that chapter. The classification of hemin therefore cannot be resolved at the General Rules of Interpretation (GRI) 1 level. Applying GRIs in order, GRI 3(a) provides that the heading which provides the most specific description shall be preferred to headings providing a more general description. As hemin is more specifically described as a blood fraction than as an “other” organic compound, it is classified in heading 3002 by application of GRI 3(a). |
| Proposed for revocation: NY F88418, dated June 21, 2000; NY 866291, dated Sept. 13, 1991 |
| Proposed new ruling: HQ H338374 |