Background

In the Dec. 1, 2021, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to reclassify a product used in hemodialysis as a medicament under HTSUS 3004.90.92 (duty-free) rather than as a carbonate under HTSUS 2836.30.00 (duty-free).

The product at issue consists of a disposable polyamide/polyethylene bag filled solely with sodium bicarbonate powder. When the bag is secured to a hemodialysis machine the sodium bicarbonate is automatically mixed with water to produce a saturated solution.

CBP explains that this product can be classified in both subheadings but that heading 3004 is a use provision and therefore more specific for this product.

Rulings HQ 957022 and NY N276739 would be revoked to reflect this change. Comments on this proposal are due no later than Dec. 31.

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

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