CLA-2-15:S:N:N7:232 812812
Mr. Umberto Bonfante
Olivoro USA, Inc.
14920 South Figueroa Street
Gardena, CA 90248
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of an edible oil
blend from Canada; Article 509
Dear Mr. Bonfante:
In your letter dated June 26, 1995 you requested a ruling on
the status of an edible oil blend from Canada under the NAFTA.
A sample and information were submitted with your initial
request dated May 19, 1995. The subject merchandise is a liquid
blend composed of 75 percent canola oil, manufactured in Canada,
and 25 percent extra virgin olive oil manufactured in Italy. The
canola oil is refined, bleached and deodorized in Canada. The
extra virgin olive oil is cold pressed and filtered in Italy.
The olive oil is shipped to Canada in 58 gallon drums from the
United States. The oils are blended and bottled in 2 liter
containers in Canada. The submitted sample indicates that the
product can be used for frying, baking, cooking and as a dressing
for salads, soups etc.
The applicable tariff provision for the canola oil/extra
virgin olive oil blend will be 1517.90.2020, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), 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 provided for in headings 1501 to 1515,
inclusive...other...salad and cooking oils. The general rate of
duty will be 9.7 percent ad valorem.
The merchandise does not qualify for preferential treatment
under the NAFTA because one or more of the non-originating
materials used in the production of the goods will not undergo
the change in tariff classification required by General Note
12(t)/15, HTSUSA.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
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.
Should you wish to request an administrative review of this
ruling, submit a copy of this ruling and all relevant facts and
arguments within 30 days of the date of this letter, to the
Director, Office of Regulations and Rulings, U.S. Customs
Service, 1301 Constitution Ave. N.W., Franklin Court, Washington,
D.C. 20229.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport