Newly Released CBP HQ Rulings May 1-2
The Customs Rulings Online Search System (CROSS) was updated May 1-2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H330926: Articles for the handicapped; Subheading 9817.00.96; Transducer arrays
| Ruling: The transducer arrays identified in NY N319324 are ineligible for subheading 9817.00.96, which provides for “articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons ... other.” |
| Issue: Are the transducer arrays eligible for duty-free treatment under subheading 9817.00.96, as “articles specially designed or adapted for the handicapped”? |
| Item: A transducer array used as a part of the Novocure Therapy Delivery System. The array's multiple interconnected electrical transducers are designed to be adhered directly to the head or other area where an individual has been diagnosed with cancer. While connected to the electrical field generator within the system, the transducer arrays create an alternating field that attracts and repels charged proteins during cancer cell division. The transducers don't electrically stimulate nerves or muscles, nor do they heat tissue. The Novocure system is portable and allows users to go about their day-to-day life while being treated. The introduction of the electrical field inhibits tumor growth, potentially killing existing tumors. The arrays are specifically designed for use with the Novocure Therapy Delivery System, intended for use by individuals who suffer from cancer. |
| Reason: Harmonized Tariff Schedule subheading 9817.00.96 excludes “(i) articles for acute or transient disability; (ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; (iii) therapeutic and diagnostic articles; or, (iv) medicine or drugs.” U.S. Note 4(b), Subchapter XVII, Chapter 98. The merchandise meets the definition of a therapeutic article. |
| Ruling Date: Feb. 2, 2024 |
H307415: Affirmation of NY N306416; classification of colorformer ODB-2
| Ruling: The Chameleon Black ODB-2 is classified in Harmonized Tariff Schedule subheading 3204.19.40, which provides for “Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined: Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter: Other, including mixtures of coloring matter of two or more of the HTS subheadings 3204.11 to 3204.19: Products described in additional U.S. note 3 to section VI.” The 2024 general, column one rate of duty is 6.5% ad valorem. |
| Issue: What is the classification of the Chameleon Black 2, ODB-2, or Black 2? |
| Item: A type of colorant known as a colorformer. In its supplied state, “Chameleon Black 2, ODB-2, or Black 2” is an off-white colored powder, which when exposed to appropriate acidic conditions, develops a strong black color. The product is ultimately used in thermal paper. |
| Reason: ODB-2, as the essential ingredient of the coloring preparations in which it is used, similar to products such as leuco dyes and vat dyes described in HTS heading 3204. |
| Ruling Date: March 26, 2024 |