May 22, 2005 CBP Bulletin Notices on Protamine Sulfate and Tungsten Carbide Rods
In the May 25, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 22), CBP issued notices: (a) revoking two classification rulings on Protamine Sulfate, and (b) revoking a classification ruling on tungsten carbide rods. CBP states that it is also revoking 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According to CBP, these revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after July 24, 2005.
CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.
Revocation of Three Classification Rulings
Protamine Sulfate. At issue is Protamine Sulfate which is a polypeptide with specific amino acid sequences, extracted and isolated from salmon milt obtained from the testes of the fish. It is used in Insulin preparations for the treatment of Diabetes and as a Heparin antagonist in the treatment of clotting disorders.
CBP is issuing HQ 967368 in order to revoke NY K81624 and reclassify the Protamine Sulfate in HTS 3001.20.0000 as "extracts of glands or other organs or of their secretions for organotherapeutic uses, etc." rather than in HTS 3504.00.5000 which provides for "peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: other."
In response to a comment identifying a ruling on the same merchandise, CBP is also issuing HQ 967663 in order to revoke NY E89213 and reclassify the subject merchandise under HTS 3001.20.0000 rather than under HTS 3504.00.5000.
CBP states that Protamine Sulfate is derived from fish testes, which is a type of gland included in Explanatory Note (EN) 30.01. In addition, CBP states that 'organotherapy' is defined as 'a treatment of disease by the administration of animal organs or of their extracts,' and notes that Protamine Sulfate is used in the medical treatment of diabetes and clotting disorders. Therefore, CBP states that Protamine Sulfate is described by the terms of heading 3001 as a glandular extract for organo-therapeutic uses, and is precluded from classification in heading 3504 because it is specified elsewhere.
(See ITT's Online Archives or 03/09/05 news, 05030930, for BP summary of the proposed ruling.)
new: 3001.20.0000, duty-free; previous: 3504.00.5000, 4%.
Tungsten Carbide Rods. At issue are sintered ceramic-metal composites (cermets) in the form of rods approximately 1" in length with round cross-sections of approximately 1/8" diameter. The three types of rods are comprised, in various percentages, of tungsten carbide, cobalt, and/or tantalum carbide. According to CBP, it is apparent that the subject rods are tungsten carbide rods.
(CBP states that in response to the proposed ruling, the original ruling recipient submitted information clarifying the original ruling request, in which the importer states that the imported rods would be further manufactured in the U.S. or Mexico into twist drills.)
CBP is issuing HQ 967405 in order to revoke NY 897163 and reclassify the rods in HTS 8209.00.0030 as "plates, sticks, tips and the like for tools, unmounted, of cermets: of sintered metal carbides" rather than in HTS 8113.00.0000 as "cermets and articles thereof, including waste and scrap."
Based on its analysis of the scope of the terms of HTS headings 8113 and 8209, the Legal Notes, and the ENs, CBP states that the rods are classified in HTS 8209.00.0030, noting that they are clearly described by the terms of heading 8209 and EN 82.09. CBP notes that its position on classifying such rods or blank inserts under HTS 8209.00.00 has been both long-standing and consistent.
(See ITT's Online Archives or 12/28/04 news, 04122860, for BP summary of the proposed ruling.)
new: 8209.00.0030, 4.6%; previous: 8113.00.0000, 3.7%.
May 25, 2005 CBP Bulletin (Vol. 39, No. 22) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_05252005_no22/