Newly Released CBP HQ Rulings Sept. 25
The Customs Rulings Online Search System (CROSS) was updated Sept. 25 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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H325402: Affirmation of NY N325292; Classification of MF-59 vaccine adjuvant
| Ruling: The proper classification for the MF-59 adjuvant is in Harmonized Tariff Schedule of the U.S. subheading 3824.99.9397 as “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other.” NY N325292 is affirmed. |
| Issue: What is the proper classification of the MF-59 vaccine adjuvant? |
| Item: A vaccine adjuvant commonly known as MF-59, a key ingredient in the manufacture of influenza vaccines (seasonal and pandemic), having commercial and clinical applications. The MF-59 adjuvant is a solution of mainly water, squalene, and sodium citrate-citric acid buffer, in which the ultimate product is a combination of influenza antigen, MF-59 adjuvant, and buffer solutions. The item is classified in the U.K, and the EU under tariff number 3824.99.6400, which does not exist in the HTSUS. |
| Reason: The HTSUS subordinate subheadings under subheading 3824.99 do not provide for a comparable eight-digit subheading for “products and preparation for pharmaceutical or surgical uses” that would be applicable. The subordinate subheadings under subheading 3824.99 do not otherwise distinguish the use of the subject merchandise for pharmaceutical uses. There is no comparable listing. |
| Ruling Date: Sept. 20, 2023 |