HQ 088604
March 12,1991
CLA-2 CO:R:C:F 088604 JGH
Mr. Richard J. Sullivan
Association of Food Industries, Inc.
5 Ravine Drive
P.O. Box 776
Matawan, New Jersey 07747
RE: Classification of olive pomace oil under the Harmonized
Tariff Schedules of the United States (HTSUS).
Dear Mr. Sullivan:
Your letter of November 7, 1990, concerns the classification
of olive pomace oil, which you feel is being misclassified under
the HTSUS.
FACTS:
It is your opinion that the import statistics do not reflect
the true amount of olive pomace oil being imported. You feel
that in all probability the pomace oil is being entered as olive
oil in subheadings 1509.90.20, HTSUS, and 1509.90.40, HTSUS,
whereas, it is your opinion that the pomace oil should be
classified as other oils and their fractions obtained solely from
olives, in subheadings 1510.00.40, HTSUS and 1510.00.60, HTSUS.
ISSUE:
Classification of olive pomace oil under the HTSUS.
- 2 -
LAW AND ANALYSIS:
The provisions are:
1509 Olive oil and its fractions, whether or not
refined, but not chemically modified:
1509.10. Virgin:
1509.10.20 Weighing with immediate container under
18kg....
1509.10.40 Other....
1509.90 Other....
* * *
1510.00 Other oils and their fractions, obtained solely
from olives, whether or not refined, but not
chemically modified, including blends of these
oils and fractions with oils or fractions of
heading 1509:
* * *
1510.00.40 Other:
Weighing with the immediate
container under 18kg....
1510.00.60 Other....
The Explanatory Notes to heading 1509 - Olive Oil and its
fractions, whether or not refined, but not chemically modified-
state that the provision does not cover olive-residue oil and
blends of olive oil and olive residue oil, which, it indicates,
are in heading 1510, HTSUS. The Explanatory Notes to 1510 state
that it covers olive-residue oil other than the virgin olive oils
and other oils of heading 1509, HTSUS.
Pomace is defined as the pulpy residue which results from
the crushing of fruit. From this type of residue is produced the
third type, the lowest in quality, the Explanatory Notes explain,
which is obtained from the residue of the previous pressings by a
solvent extraction process.
-3-
Olive pomace oil, an olive-residue oil, a product of
solvent extraction, is classifiable under the provision for other
oils and their fractions, obtained solely from olives, in
subheading 1510.00.40, HTSUS, if weighing with the immediate
container under 18kg; or if not meeting this standard, in
subheading 1510.00.60, HTSUS.
The various Custom ports of entry are being reminded of the
distinction between the products.
HOLDING:
Olive Pomace Oil, an olive-residue oil, obtained by solvent
extraction as described above, is classifiable in subheadings
1510.00.40, HTSUS, or 1510.00.60, HTSUS, depending upon weight of
contents and container.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director, New York Seaport
2cc CIE
hurley library/peh
088604