CLA-2-15:S:N:N7:232 803222

Mr. Peter J. Ranieri
Moeller New Chemic Inc.
50 Chestnut Ridge Road
Suite 117
Montvale, New Jersey 07645

RE: The tariff classification of Evening Primrose Oil from Australia.

Dear Mr. Ranieri:

In your letter dated October 7, 1994 you requested a tariff classification ruling. Information was submitted with your initial request dated March 23, 1994. The subject merchandise is described as the cold pressed oil from Evening Primrose seeds. The oil is cold filtered and capped under Nitrogen. Natural alpha-tacopherol is added as an anti-oxidant. The oil will be imported in 190 kilogram steel drums. The product will be encapsulated after importation.

The applicable subheading for the Evening Primrose Oil will be 1515.90.4000, Harmonized Tariff Schedule of the United States (HTS), 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. The rate of duty will be 5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport