CLA-2-21:OT:RR:NC:N2:228

Ms. Tanja Wendl
Glaseritalia GmbH
Mondseer Strasse 14
Strasswalchen, Austria 5204

RE: The tariff classification of infused olive oil from Italy

Dear Ms. Wendl:

In your letter dated November 12, 2012 you requested a tariff classification ruling.

Photographs and ingredients approximately breakdowns accompanied your inquiry. The products are infused olive oil in three flavors, garlic, basil and chili, and are contained in glass bottles with screw caps 8.45 fl. oz. (250 ml). The garlic infused product contains approximately 95 percent extra virgin olive oil, 4 percent garlic, and less than 2 percent natural garlic flavor. The basil infused product contains approximately 96 percent extra virgin olive oil, 2 percent natural basil flavor, and less than 2 percent basil. The chili infused product contains approximately 96 percent extra virgin olive oil, 3 percent chili, and less than 2 percent natural chili flavor.

The applicable subheading for the three infused olive oil products will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasonings … other. The rate of duty will be 6.4 percent ad valorem.

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 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 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 Bruce N. Hadley, Jr. at (646) 733-3029.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division