Nov. 1 CBP Bulletin Proposes to Modify Rulings on Handbag Set, Aliskiren Hemifumarate
In the Nov. 1 Customs Bulletin (Vol. 51, No. 44), CBP published notices that propose to modify rulings and similar treatment for a handbag and tote bag and aliskiren hemifumarate.
Comments on Proposals Due Dec. 1
CBP said consideration will be given to any written comments received by Dec. 1 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.
Handbag and Tote Bag
| Item: Two styles of bags -- one a handbag, the other a tote bag -- each with a coin purse, spectacle case and identification card case. |
| Current: Separately, with the handbag in subheading 4202.22, the tote bag in subheading 4202.92, and the coin purse, spectacle case and identification card case in subheading 4202.32. |
| Proposed: As a set, with the handbag or tote bag imparting the essential character, in subheading 4202.22 or 4202.92, respectively. |
| Reason: The components are properly classified as “sets” because they consist of goods put up in a set for retail sale. The coin purse, spectacle case and identification card case are designed to coordinate with the handbag or tote bag in that they are constructed of the same pattern, style, material and color coordination to match the patterns of the handbag or tote. They are also typical accessories that one might expect to be sold with a handbag or tote. The handbag and tote along with coin purse, spectacle case and identification card case serve the singular purpose of helping the user to carry various items. They have been put up in retail packaging suitable for sale directly to users without repacking. |
| Proposed for revocation: NY N024929 (2008) |
| Proposed new ruling: HQ H263986 |
Aliskiren Hemifumarate
| Item: Aliskiren hemifumarate, an orally active renin inhibitor used in the treatment of hypertension. The CAS number for aliskiren hemifumarate is 173334-58-2. |
| Current: 2924.29.62, 6.5%, "Carboxyamide-function compounds; amide-function compounds of carbonic acid: Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: Other: Drugs: Other.” |
| Proposed: Classifiable in subheading 2924.29.62, but eligible for duty free entry under General Note 13 because it is listed in the pharmaceutical appendix. |
| Reason: Both aliskiren and fumarate are listed in the pharmaceutical appendix to the HTSUS; aliskiren in Table 1, and fumarate in Table 2. Although “hemifumarate” is not specifically listed in table 2, aliskiren hemifumarate is considered synonymous with aliskiren fumarate, as the prefix “hemi” merely identifies the ratio of fumarate to aliskiren molecules (i.e., one molecule of fumarate for every two of aliskiren). Both aliskiren fumarate and aliskiren hemifumarate share the same chemical formula and CAS number. |
| Proposed for revocation: NY N180809 (2011) |
| Proposed for modification: NY N043304 (2008) |
| Proposed new ruling: HQ H202562 |