CLA-2-15:OT:RR:NC:2:235
Mr. Akville Petkevicius
Arganomics, LLC
33 Clinton Road, Suite 100
West Caldwell, NJ 07006
RE: The tariff classification, country of origin, country of origin marking, and status under the United States-Morocco Free Trade Agreement Implementation Act of Argan Oil from Morocco
Dear Mr. Petkevicius:
In your letter dated January 24, 2013 you requested a tariff classification ruling.
The subject product is called Organic Argania Spinosa Oil (Argan Oil). The oil is obtained from the kernels (seeds) of the Argania Spinosa tree. The Argan (Argania spinosa) is a species of tree endemic to the semi-desert Sous valley of southwestern Morocco and to the Algerian region of the western Mediterranean region. Various names are used for the product by the trade including Argan Oil, Argania Oil, Moroccan Oil and other variations of similar terms. Our research shows that the traditional technique for oil extraction is to grind the roasted seeds to paste, with a little water, in a stone rotary quern.
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, will be entitled to duty free treatment under the United States-Morocco Free Trade Agreement Implementation Act upon compliance with all applicable regulations.
You also requested a determination be made regarding the Country of Origin Marking for the instant product. Pictures of the retail containers of the instant product marked with the words “Product of Morocco” were included with your request.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The proposed marking of the Argan Oil, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported product.
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 * at (646) 733-*.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division