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Classification, Origin Changes Proposed for Encapsulated Fish Oil, 3D Drawing Pen

Monday, July 22, 2019
Sandler, Travis & Rosenberg Trade Report

The following proposed revocations of U.S. Customs and Border Protection rulings are included in the July 17, 2019, Customs Bulletin and Decisions. Comments are due no later than Aug. 16.

For more information on how to seek or utilize classification or other rulings, please contact customs attorney Deb Stern at (305) 894-1007.

Encapsulated Fish Oil

In ruling NY N287514 CBP determined that China is the country of origin of encapsulated fish oil that is refined, bleached, cold filtrated, deodorized, and blended with other ingredients in Peru and then shipped to China, where it is filled into soft gelatin capsules. CBP is proposing to reverse its determination that the processing in China effected a substantial transformation, stating that this processing results in no change in the product’s name, use, or chemical or physical properties. CBP is therefore proposing to revoke ruling NY N287514 to hold that the country of origin of the fish oil is Peru.

3D Drawing Pen

CBP is proposing to reclassify an electrically powered 3D drawing pen packaged with plastic monofilaments and other items as other machinery for working plastics under HTSUS 8477.80.00 (3.1 percent duty) rather than as other electrothermic appliances of a kind used for domestic purposes under HTSUS 8516.79.0000 (2.7 percent duty). CBP explains that while the pen is an electrothermic device it cannot be said to be a domestic device because it may also be used in a commercial environment. Ruling NY N248177 would be revoked to reflect this change.

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