April 24 CBP Bulletin Proposes to Modify Ruling on NAFTA Country of Origin Marking of Apomorphine Hydrochloride Ampoules
In the April 24 issue of the U.S. Customs and Border Protection Bulletin (Vol. 47, No. 18), CBP published a notice that proposes to modify rulings and similar treatment regarding the country of origin marking rules for apomorphine hydrochloride ampoules.
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Comments on Proposed Revocations Due May 20
CBP said consideration will be given to any written comments received by May 20 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 modify the ruling 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.
Apomorphine Hydrochloride Ampoules
| Item: Apomorphine Hydrochloride Ampoules. Apomorphine hydrochloride is produced in France and exported to Canada. Sodium hydroxide is produced in Sweden and exported to Canada. Hydrochloric acid is produced in the U.S. and exported to Canada. In Canada, the three ingredients are mixed and put up in ampoules, packaged, labeled, and shipped to the U.S. |
| Current: The country of origin of the imported ampoules is the country or countries of origin of the single material that imparts the essential character to them. In this case, the essential character is imparted by the active ingredient, (the French-produced) Apomorphine Hydrochloride. The country of origin is therefore France. |
| Proposed: The country of origin is Canada. |
| Reason: The good satisfies the General Note 12 tariff shift rule. The manufacturing that occurs in Canada in this case is more than minor processing and because the apomorphine hydrochloride ampoules underwent production other than minor processing in Canada the country of origin for marking purposes under the NAFTA Marking Rules is Canada. |
| Proposed for modification: NY I88116 (2002) |
| Proposed new ruling: HQ H200037 |