April 29 CBP Bulletin Proposes to Revoke Rulings on Contact Lens Buttons, Thymoglobulin
In the April 29 issue of the CBP Customs Bulletin (Vol. 49, No. 17) (here), CBP published notices that propose to revoke rulings and similar treatment for the tariff classification of contact lens buttons and Thymoglobulin.
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Comments on Proposals Due May 29
CBP said consideration will be given to any written comments received by May 29 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 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.
Contact Lens Buttons
| Item: Contact lens buttons. Imported plastic blanks used to manufacture Permalens contact lenses. Following importation, the contact lens buttons will undergo further manufacturing steps including but not limited to base and front curve cutting, polishing, cleaning, hydration and final packaging. |
| Current: 9001.30.00, 2%, (Contact lenses.) |
| Proposed: 3926.90.99, 5.3%, (Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other.) |
| Reason: The buttons are not described by heading 9001, as lenses, because they lack the essential character of finished contact lenses regardless of whether or not they are optically worked. The CBP Laboratory Report confirms that the buttons do not produce any optical effect such as refraction, magnification, collimation or dispersion. As such, the subject merchandise is not an article of Chapter 90, and is not excluded from Chapter 39, said CBP. |
| Proposed for revocation: NY N035645 (2008), NY M80655 (2006) and NY J85736 (2003) |
| Proposed new ruling: HQ H050836 |
Thymoglobulin
| Item: Thymoglobulin [Anti-thymocyte Globulin (Rabbit)] Sterile Lyophilized Preparation, is a medicament, for intravenous administration. |
| Current: 3004.90.9115, Free, (Medicaments ... consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Antineoplastic and immunosuppressive medicaments.) |
| Proposed: 3002.10.02, Free, (Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera and other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes; vaccines, toxins, cultures of micro-organisms (excluding yeasts) and similar products: Antisera, other blood fractions and modified immunological products, whether or not obtained by means of biotechnological processes) |
| Reason: Human red blood cells are used in the manufacturing process to deplete cross-reactive antibodies to non-T-cell antigens. The product contains monoclonal antibodies, which are specifically provided for in heading 3002, said CBP. |
| Proposed for revocation: NY L80355 (2004) |
| Proposed new ruling: HQ H250457 |