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Oct. 26 CBP Bulletin Proposes to Revoke Ruling on Betel Nut Food Products

In the Oct. 26 Customs Bulletin (Vol. 56, No. 42), CBP published a proposal to revoke rulings on betel nut food products.

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Comments on Proposals Due Nov. 25

CBP said consideration will be given to any written comments received by Nov. 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.)

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.

Not Food Products

Item: Chopped betel nuts coated with flavors and spices. The stated ingredients are betel nuts, catechu, lime, cardamon, and flavors. The merchandise is packaged with a small plastic spoon in a foil-sealed metal container holding 100 grams, net weight. Pan masala is consumed after meals, a small spoonful placed in the mouth and chewed as a stimulant and digestive aid.
Current: 2106.90.6099, 6.4%, “Food preparations not elsewhere specified or included: Other: Other: Other: Other.”
Proposed: 2008.19.9090, 17.9%, “Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: Other, including mixtures: Other, including mixtures: Other: Other.”
Reason: In order for the subject pan masala to be classified under heading 2106, it must not be more specifically described or included under another tariff provision. The subject pan masala is more specifically provided for under heading 2008 as it is a fruit, nut or an edible part of a plant and has been otherwise prepared or preserved.
Proposed for revocation: NY 830068, dated June 9, 1988 and DD H890859, dated Oct. 22, 1993
Proposed new ruling: H326009