Communications Litigation Today was a Warren News publication.

Dec. 1 CBP Bulletin Proposes to Revoke Rulings on Bicarbonate Cartridges

In the Dec.1 Customs Bulletin (Vol. 55, No. 47), CBP published a proposal to revoke rulings on bicarbonate cartridges/bags.

Comments on Proposals Due Dec. 31

CBP said consideration will be given to any written comments received by Dec. 31 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (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 agents for importations subsequent to the effective date of the final decision in this notice.)

Proposals

CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.

Bicarbonate Cartridges/Bags

Item: Bags or cartridges filled with sodium bicarbonate powder for use with a dialysis machine.
Current: 2836.30.0000, Free, "Carbonates; peroxocarbonates (percarbonates); commercial ammonium carbonate containing ammonium carbamate: Sodium hydrogencarbonate (Sodium bicarbonate)."
Proposed: 3004.90.92, Free, “Medicaments (excluding goods of heading 3002, 3005 or 3006) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other."
Reason: CBP said the bicarbonate is more intricate than general use sodium bicarbonate and heading 3004 describes the merchandise with the most accuracy, as it not only describes the “components,” but provides for the use and packing of the merchandise.
Proposed for revocation: NY N276739, dated July 12, 2016, and HQ 957022, dated Jan. 24, 1995
Proposed new ruling: HQ H312361