CLA-2-15:OT:RR:NC:N2:231
Mr. Eduardo Medina
4M World Brokers Inc.
1560 N Industrial Park Drive
Nogales, AZ 85621
RE: The tariff classification of Pitahaya Seed Oil from Mexico
Dear Mr. Medina:
In your letter dated August 7, 2020, you requested a tariff classification ruling on behalf of Mr. Cristobal Matiella Marquez (Sonora, Mexico).
The subject merchandise is 100 percent Pitahaya Seed Oil. The product is extracted from the seeds of the fruit of the organ pipe cactus (Stenocereus Thurberi, also known as Pitaya Dulce, Sweet Cactus Fruit). You state that upon harvesting the fruit, it is cleaned after the removal of the spines and skin. The seeds are separated from the pulp then left to dry for several days before the oil is extracted via a cold press machine. Pitahaya Seed oil, which is intended, for use in cosmetic and skin care products will be packed in containers with a net weight of 10 ml and 15 ml.
The applicable subheading for the Pitahaya Seed 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.
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.
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