Sept. 6 CBP Bulletin Proposes to Modify Rulings on Protein Powder and Tensioning Systems
In the Sept. 6 Customs Bulletin (Vol. 57, No. 32), CBP published proposals to modify one ruling letter on rice protein powder and one concerning tensioning systems.
Comments on Proposals Due Oct. 6
CBP said consideration will be given to any written comments received by Oct. 6 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.
Rice Protein Powder
| Item: A rice protein powder consisting of 80% or greater rice protein on a dry basis and is used by food manufactures as an ingredient in various food applications. |
| Current: 3504.00.5000, 4%, "Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other." |
| Proposed: 2106.10.00 6.4%, “Food preparations not elsewhere specified or included: Protein concentrates and textured protein substances.” |
| Reason: The subject rice protein powder is substantially similar to the rice protein powders of HQ 950915 and HQ H280419. According to the explanatory notes to heading 3504, items classified therein have at least four things in common. The protein substances are generally for use in making pharmaceuticals, textiles, or plastics. Second, the protein substances consist of a very high percentage of protein. Third, the proteins are derived from a single source, such as milk or wheat gluten. Lastly, the substances may be mixtures of protein and other substances, such as ash and moisture, but these other substances are a product of the derivation of the protein substance from its source, not a deliberate preparation of different protein substances mixed with flavoring and anti-caking agents. The rice protein product under consideration is derived from a single source -- rice -- which is not mixed with other protein substances. |
| Proposed for modification: N308405, dated Jan. 9, 2020 |
| Proposed new ruling: H315652 |
Tensioning Systems
| Item: A portable web strap guardrail system imported as a complete unassembled article. The purpose of the system is to prevent workers and objects from falling from elevated building levels. The system consists of three tensioned polyester straps that are anchored and tensioned by a ratchet mechanism and attached to either an aluminum post or to the building. The steel ratchet is a 4” ratchet used to tension the StrapRail system only. The ratchet is manually activated by cranking the gear and is left in place once the tension is applied. The system also contains strap buckles which are drop forged steel, steel quicklinks, steel posts, concrete anchor bolts, stainless steel labels for the posts, aluminum anti-deflection posts, nuts and bolts, washers, rivnuts, semitubular rivets, pop rivets, aluminum and plastic column posts, a polyester mesh netting and zip ties. The ratchets and buckles are sewn to the straps and shipped already attached to the straps. Depending on the customer’s preference, the StrapRail components can be shipped in a supplied zippered nylon duffel bag. |
| Current: 8425.39.0100, Free, “Pulley tackle and hoists other than skip hoists; winches and capstans; jacks: Winches; capstans: Other” |
| Proposed: Straprail System: 8479.89.95, 2.5%, "Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other." RopeRail System: 8425.39.01, Free, "Pulley tackle and hoists other than skip hoists; winches and capstans; jacks: Winches; capstans: Other.” |
| Reason: The winch used in the RopeRail is an independently housed tensioning device. In contrast, rachets used to tension straps are not “winches” because they are not independently housed devices that consist of a drum or cylinder turned by a crank or motor. |
| Proposed for modification: N246928, dated Nov. 14, 2013 |
| Proposed new ruling: H323869 |