May 27 CBP Bulletin Proposes to Revoke Rulings on Blind Rivet Nuts, Cyclosporine
In the May 27 issue of the CBP Customs Bulletin (Vol. 49, No. 21) (here), CBP published notices that propose to revoke or modify rulings and similar treatment for the tariff classification of blind rivet nuts and cyclosporine.
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Comments on Proposals Due June 26
CBP said consideration will be given to any written comments received by June 26 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.
Blind Rivet Nuts
| Item: Threaded articles of steel or aluminum that are riveted in place for use as a nut to fasten a bolt. |
| Current: 7318.19.0000, 5.7%, (Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: other.) |
| Proposed: 7318.16.00, free, (Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: nuts.) |
| Reason: Although the articles have characteristics uncommon in nuts in that they are riveted into place, the riveting does not transform the essential character of the article as a "nut" for attachment with a mating part with a screw. |
| Proposed for modification: NY H88897 (2002), NY M82161 (2006) |
| Proposed new ruling: HQ H195840 |
Cyclosporine
| Item: Cyclosporine, an immunosuppresive drug used for the prevention of organ rejection in kidney, liver and heart transplants involving individuals who are antigenically distinct. |
| Current: 2933.99.90, 3.7%, (Heterocyclic compounds with nitrogen hetero-atom(s) only: Other: Other: Other: Drugs.) or 2941.90.10, free, (Antibiotics: Other: Natural: Other.) |
| Proposed: 2933.79.85, free, (Heterocyclic compounds with nitrogen hetero-atom(s) only: Lactams: Other lactams: Other: Other.) |
| Reason: Cyclosporine is not classifiable as an antibiotic because it does not exhibit antibiotic activity and is not used as such. However, cyclosporine is a lactam because the molecules contain one or more amide functions in a ring. |
| Proposed for revocation: NY G81655 (2011); Proposed for modification: NY 801521 (1994); NY 801775 (1994) |
| Proposed new ruling: HQ H192519 |