CLA-2-15:OT:RR:E:NC:N2:235

Ms. Sylvia Lang
Glaseritalia GmbH
Mondseer Strasse 14
Strasswalchen 5204, Austria

RE: The tariff classification of Pure Olive Oil from Italy

Dear Ms. Lang:

In your letter dated November 26, 2012, you requested a tariff classification ruling.

The subject product is described as a blend of refined olive oil and extra virgin oil. You have stated in your letter that the refined oil has been put through the process of degumming, neutralization, washing, decoloration, deodorization and demargarination in order to eliminate substances that give the oil certain undesirable properties. Furthermore, you state that to restore a partial portion of the organoleptic odor, the refined oil is then blended with the virgin olive oil. The item will be packaged for retail sale in 16.9 ounce glass bottles with screw caps.

The applicable subheading for the Pure Olive Oil will be 1509.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Other: Weighing with the immediate container under 18 kg. The rate of duty will be 5 cents per kilogram on contents and container.

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 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 Paul Hodgkiss at (646) 733-3046.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division