CLA-2-15:OT:RR:E:NC:N2:235
Ms. Patty Davis
Norman G Jensen, Inc.
181 Cooper Avenue
Suite 100
Tonawanda, NY 14150
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of PurOliva edible oil blend from Canada
Dear Ms. Davis:
In your letter dated September 21, 2012, on behalf of your client, Oliver Olives, Inc. DBA Mario Sardo Sales, Inc.; you requested a ruling on classification and Trade Program Applicability under NAFTA.
The subject merchandise, PurOliva is an edible oil blend consisting of 75 percent canola oil from Canada and 25 percent extra virgin olive oil from Spain. In your letter, you have stated that the olive oil is imported into Canada where both oils are pumped into a tank at the percentages indicated to create the oil blend. You have also mentioned that there is no heating or cooling of either oil or the finished blend. The product which is packaged in Canada will be used for frying, baking, cooking and as dressing for salads.
The applicable subheading for the PurOliva edible oil blend will be 1517.90.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Margarine; edible mixtures or preparations of animal or vegetable fats or oils or fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516…Other: Artificial mixtures of two or more of the products provided for in headings 1501 to 1515, inclusive: Other: Salad and cooking oils”. The general rate of duty will be 8 percent ad valorem.
The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/15, HTSUSA.
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 merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is 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.
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,
Thomas J. Russo
Director
National Commodity Specialist Division