CLA-2:15:T:RR:NC:2:235
Ms. Elisabeth Yvort
Arganavita Inc.
Ste K, # 192
Sausalito, CA 94965
RE: The tariff classification of Argan Oil from Morocco
Dear Ms. Yvort:
In your letter dated March 25, 2011 you requested a tariff classification ruling.
The subject product, Argan Oil is also known as Moroccan Oil. It is derived from the Argania Spinosa tree. You state it is obtained from trees in the southwestern region of Morocco. Our research shows that Argan Oil is obtained from the kernels of the Argania Tree which is endemic to Morocco. The Argan Oil is obtained by cold pressing the seed kernels. Like all natural oils it consists of predominantly triglycerides.
The applicable subheading for the Argan Oil will be 1515.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: Other: Other: Other.” The rate of duty will be 3.2 percent ad valorem.
Your letter also requests for a determination on your products eligibility for the United States-Morocco Free Trade Agreement Implementation Act.
Articles classifiable under subheading 1515.90.8090, HTSUS, which are products of Morocco may be entitled to duty free treatment under the United States-Morocco Free Trade Agreement Implementation Act upon compliance with all applicable regulations.
This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), or the Federal Food, Drug, and Cosmetic Act which are regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/ bioterrorism/bioact.html. Information for the Federal Food, Drug, and Cosmetic Act may be obtained by calling FDA at telephone number 301-443-1544. The FDA may also be contacted by writing them at 5600 Fishers Lane, Rockville, Maryland 20857.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division