Dec. 13 CBP Bulletin Proposes to Revoke, Modify Rulings on Human Tissue Samples, Textile Fabrics
In the Dec. 13 Customs Bulletin (Vol. 57, No. 46), CBP published a proposal to revoke and modify ruling letters concerning human tissue samples and another to do the same regarding coated or laminated woven textile fabrics of strip.
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Comments on Proposals Due Jan. 12
CBP said consideration will be given to any written comments received by Jan. 12 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 also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Human Tissue Samples and Other Human Bodily Specimens
| Item: Human tissue samples and other human bodily specimens not prepared for therapeutic or prophylactic uses. |
| Current: (human tissue samples) 9705.00.00, free, “Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archeological, paleontological, ethnographic or numismatic interest: Other.” (Tissue samples and other human bodily specimens) 3001.90.00, Glands and other organs for organotherapeutic uses, dried, whether or not powdered; extracts of glands or other organs or of their secretions for organotherapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included: other."; (human urine samples) 3825.90.00, free, "Residual products of the chemical or allied industries, not elsewhere specified or included; municipal waste; sewage sludge; other wastes specified in note 6 to this chapter: Other.” |
| Proposed: 0511.99.40, 1.1%, “Animal products not elsewhere specified or included; dead animals of chapter 1 or 3, unfit for human consumption: Other: Other.” |
| Reason: The samples and specimens are not for therapeutic or prophylactic uses, so can't be classified in heading 3001. The urine samples are not waste of heading 3825, but are instead imported for diagnostic and testing purposes. The samples and specimens won't preserved for longevity in a manner within the context of chapter 97 for collections and collectors’ pieces. |
| Proposed for revocation: NY R03338, dated March 13, 2006; NY C80101, dated Oct. 3, 1997; NY B80750, dated Jan. 16, 1997; NY B82258, dated March 3, 1997; NY N283432, dated March 15, 2017 |
| Proposed for modification: NY 870664, dated Feb. 12, 1992; NY R03056, dated Feb. 1, 2006 |
| Proposed new ruling: HQ H317142 |
Coated or Laminated Woven Textile Fabrics of Strip of an Apparent Width Not Exceeding 5 MM
| Item: A laminated box sleeve woven of polypropylene strip of an apparent width not exceeding 5 mm. The purpose of the product is to provide rigidity when placed over corrugated cardboard boxes at food packaging plants. |
| Current: 5903.90.2500, 7.5%, “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of man-made fibers: Other: Other.” |
| Proposed: 5903.90.30, 2.7%, “Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Other" |
| Reason: Note 1 to Chapter 54, which defines the term “man-made fibers” for the entirety of the tariff schedule, says that “strip and the like of heading 5404 or 5405 are not considered to be man-made fibers. |
| Proposed for modification: HQ H310928 dated June 11, 2021; HQ H305437 dated Dec. 18, 2020 |
| Proposed for revocation: NY N325833, dated May 25, 2022; NY N250680, dated March 25, 2014; NY N250876 dated March 25, 1994 |
| Proposed new ruling: HQ H328910 |