June 9 CBP Bulletin Proposes to Modify Ruling on 301 Tariffs for Food Allergen Detection Device
In the June 9 Customs Bulletin (Vol. 55, No. 22), CBP published a proposal to revoke and modify rulings on portable food allergen detection device, single-use pods and a starter kit.
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Comments on Proposals Due July 9
CBP said consideration will be given to any written comments received by July 9 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 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.
Portable Food Allergen Detection Device, Single-Use Pods and a Starter Kit
| Item: Portable food allergen detection device, single-use pods and a starter kit from China and other countries. |
| Current: Not subject to Section 301 tariffs on good from China |
| Proposed: The Section 301 tariffs do apply |
| Reason: “Since the Portable Food Allergen Device and the Starter Kit are classified in subheading 9027.50.80, HTSUS and goods of subheading 9027.50.80, HTSUS, are expressly included in U.S. Note 20 to Subchapter III, Chapter 99, the subject Portable Food Allergen Detection Device and the Starter Kit are subject to the 301 Trade Remedy if the Portable Food Allergen Device is a product of China,” CBP said. |
| Proposed for modification: HQ H316429 |
| Proposed new ruling: NY N305614, dated Aug. 30, 2019 |