December 8, 2004 CBP Bulletin Notices on Silymarin (Milk Thistle) & Leucoanthocyanin and Certain Hats of Fine Animal Hair
In the December 8, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 50), CBP issued notices: (a) proposing to modify a classification ruling on silymarin (milk thistle) and leucoanthocyanin, and (b) revoking or modifying three classification rulings on certain hats of fine animal. 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According to CBP, the revocation and modifications are effective for merchandise entered or withdrawn from warehouse for consumption on or after February 6, 2005.
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 January 7, 2005, 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 these notices.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification of Classification Ruling
Silymarin (Milk Thistle) and Leucoanthocyanin. At issue are (i) silymarin, which is a yellow powder that contains 80% mixture of isomers of silymarin (silybin, silicristin and silidianin), and (ii) leucoanthocyanin, which is a brownish powder consisting of 90-95% oligomeric proanthocyanidin (OPC).
CBP is proposing to issue HQ 967099 in order to modify NY 814027 and reclassify the silymarin and leucoanthocyanin in HTS 3824.90.2800 as "chemical products and preparations of the chemical or allied industries, etc.: other mixtures containing 5% or more by weight of one or more aromatic or modified aromatic substances" rather than in HTS 1302.19.4040 as "vegetable saps and extracts: other substances having anesthetic, prophylactic or therapeutic properties."
Following the reasoning in prior rulings (i.e., HQ 964338 and HQ 966566), and the tenet that goods must be classified as imported, CBP states that because the leucoanthocyanin consists of over 90% mixtures of OPCs and the silymarin consists of well over 80% of isomers of silymarin, they are relatively pure chemical products, albeit not separately defined chemical compounds of HTS Chapter 29. Therefore, CBP states that they should be classified in HTS 3824, as chemical products.
proposed: 3824.90.2800, 6.5%; current: 1302.19.4040, 1%.
Revocation or Modification of Three Classification Rulings
Certain Hats of Fine Animal Hair. At issue in HQ 967314 are three styles of hats that have a knit crown of 70% cashmere and 30% silk. One style has rabbit fur attached to the crown, the second style has mink fur, and the third has fox fur. At issue in HQ 967315 is a beret style hat with an outer shell composed of woven alpaca wool fabric, and a fabric lining of an unknown composition. At issue in HQ 967316 are an envelope-style cable knit hat with tassels at the front and back, and a helmet-style cable knit hat. Both hats are made of 70% angora hair, 20% rabbit hair, and 10% nylon.
CBP is issuing HQ 967314, HQ 967315 and HQ 967316 in order to revoke NY J85862 and modify NY H83073 and NY I80194, respectively, and reclassify all of the subject hats in HTS 6505.90.9045 as "other hats and other headgearof fine animal hair" rather than classifying (i) the hats at issue in HQ 967314 and HQ 967316 under HTS 6505.90.3090 as "other hats and other headgearof wool, knitted or crocheted or made up from knitted or crocheted fabric" and (ii) the hats at issue in HQ 967315 under HTS 6505.90.4090 as "other hats and other headgearof wool."
CBP states that the subject hats were classified as being of "wool" in error. The hats are made or are in chief weight of "fine animal hair" (i.e, the hair of the Kashmir goat or alpaca, or angora hair) as defined in HTS Chapter 51, Note 1(b), not of "wool" as defined in HTS Chapter 51, Note 1(a). Therefore, CBP states that the subject hats are classified in HTS 6505.90.9045 as of fine animal hair.
(See ITT's Online Archives or 10/19/04 news, 04101950, for BP summary of the proposed rulings.)
new: 6505.90.9045 (Cat 459), 20.7/kg 7.5%
previous: 6505.90.3090 (Cat 459), 25.4/kg 7.7%;
6505.90.4090 (Cat 459), 31/kg 7.9%
December 8, 2004 CBP Bulletin (Vol. 38, No. 50) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2004/vol38_12082004_no50/