Newly Released CBP HQ Rulings for Oct. 19
The Customs Rulings Online Search System (CROSS) was updated Oct. 19 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):
H320634: 21 U.S.C. § 863; Drug Paraphernalia; Kappa City Biotech SAS; drug tests
| Ruling: The subject merchandise is not “drug paraphernalia” pursuant to the statutory definition set forth in 21 USC 863 and is therefore not prohibited from importation into the United States. |
| Issue: Whether the urine tests, saliva tests or substance tests fall within the meaning of drug paraphernalia pursuant to 21 USC 863 |
| Item: Urine, salivary and forensic tests that can detect over 200 different psychoactive substances and are distributed to testing professionals, including public and private hospitals, law enforcement and customs authorities, as well as to the corporate and individual private drug testing market outside the U.S. |
| Reason: Drug paraphernalia is defined in 21 USC 863 as products intended or designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body. The drug tests do not introduce controlled substances into the human body. The tests are not displayed in marketing materials in a way that encourages the use of drugs or ingestion of drugs into the human body, nor can they be used to prepare drugs for such a purpose. |
| Ruling Date: Oct. 18, 2021 |