CLA-2-15:OT:RR:NC:N2:231

Mr. David von Vistauxx
Asia Trade Development Ltd
223 University Boulevard East
Silver Spring, MD 20901

RE: The tariff classification of Soybean-Sunflower Oil from Brazil

Dear Mr. von Vistauxx:

In your letter dated October 1, 2018, you requested a tariff classification ruling.

The subject merchandise is a blend of soybean oil and sunflower oil. The composition is stated to be 95 percent soybean oil and 5 percent sunflower oil. The product will be packed in 16-ounce and 22-ounce polyethylene terephthalate containers for sale to wholesalers, food retailers, and big box retailers.

The applicable subheading for the Soybean-Sunflower Oil will be 1517.90.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Margarine: edible mixtures or preparations of animal or vegetable fats or oils or of 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 provide for in headings 1501 to 151, inclusive: Containing 5 percent or more by weight of soybean oil or any fraction thereof…Salad and cooking oils.” The rate of duty will be 18 percent.

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 the World Wide Web at https://hts.usitc.gov/current.

Articles classifiable under subheading 1517.90.1020, HTSUS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.

You made a request in your submission for a country of origin determination and the applicability of an unspecified free trade agreement. You did not provide any information pertinent to the country of origin issue therefore, this office could not address that concern. Furthermore, we are unable to make a determination on the applicability of a free trade agreement since Brazil is not part of any existing free trade agreement program.

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 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 Ekeng Manczuk at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division