October 27, 2004 CBP Bulletin Notices on Homeopathic Products and an Air Blow Gun Kit
In the October 27, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 44), CBP issued notices: (a) proposing to change the way it classifies certain homeopathic products, which would result in the revocation of two classification rulings, and (b) revoking a classification ruling on an air blow gun kit. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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According to CBP, the revocation is effective for merchandise entered or withdrawn from warehouse for consumption on or after December 26, 2004.
CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed ruling, or any party involved with a substantially identical transaction, should advise CBP by November 26, 2004, the date that written comments on the proposed ruling are due. Furthermore, CBP states that 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 agent for importations subsequent to the effective date of the final decision in this notice.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of Two Classification Rulings
Homeopathic Products. At issue in proposed HQ 967075 are various Boiron homeopathic liquid and tablet preparations. At issue in proposed HQ 967363 are "Drink Ease" tablets, marketed for the relief of alcoholic hangovers, and "No Jet Lag" tablets, marketed for relief of tiredness associated with air travel.
The subject homeopathic products contain an active ingredient or ingredients officially included in the Homeopathic Pharmacopoeia of the U.S. (HPUS) and packaged with statements of (1) the specific diseases, ailments or their symptoms for which the product is to be used; (2) the concentration of active substance or substances contained therein; (3) dosage; and (4) mode of application, in accordance with the requirements of the Federal Food Drug and Cosmetic Act (FFDCA).
CBP is proposing to issue HQ 967075 and HQ 967363 in order to revoke HQ 964882 and HQ 964188, respectively and reclassify the products in HTS 3004.90.9190 as "other medicamentsfor therapeutic or prophylactic uses, etc." rather than in HTS 2106.90.9998 as "other food preparations not elsewhere specified or included."
CBP previously ruled that homeopathic products that do not contain a significantly detectable amount of the claimed ingredient should not be classified in HTS Chapter 30 as medicaments. However, upon further consideration, CBP states that it is no longer of the view that the relevant standard in classifying homeopathic products is the ability to detect the presence of the active ingredient.
Accordingly, CBP states that homeopathic products, which are considered by the Food and Drug Administration (FDA) as drugs because they contain an active ingredient(s) officially included in the HPUS, and are packaged with statements of (1) the specific diseases, ailments or their symptoms for which the product is to be used; (2) the concentration of active substance(s) contained therein; (3) the recommended dosage; and (4) the mode of application, should be classified in HTS 3004.90.9190.
proposed: 3004.90.9190, duty-free; current: 2106.90.9998, 6.4%
Revocation of a Classification Ruling
Air Blow Gun Kit. At issue is an air blow gun kit for which the gun imparts the essential character.
CBP is issuing HQ 967219 in order to revoke NY K85017 and reclassify the kit under HTS 8424.20.9000 as "other spray guns and similar appliances" rather than under HTS 8467.19.5090 as "other pneumatic tools for working in the hand, etc."
CBP states that from analysis of Explanatory Note (EN) 84.24, it believes that the air blow gun falls under the definition of a spray gun or similar appliance for tariff purposes. In addition, HTS Chapter 84, Note 2 provides in pertinent part that a machine or appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or more of the headings 8425 to 8480 is to be classified under the appropriate heading of the former group and not the latter, etc. Therefore, CBP states that HTS Chapter 84, Note 2 compels classification of the kit in HTS 8424.
(See ITT's Online Archives or 09/08/04 news, 04090850, for BP summary of the proposed revocation.)
new: 8424.20.9000, duty-free; previous: 8467.19.5090, duty-free.
October 27, 2004 CBP Bulletin (Vol. 38, No. 44) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_10272004_no44/