CLA-2-03:OT:RR:NC:N2:231

Mr. Mark Bogte
FoodAdventure.nl B.V.
JC Beetslaan 153 2131 AL Hoofddorp, Netherlands

RE: The Tariff Classification of Pure Caviar Oil from the Netherlands

Dear Mr. Bogte:

In your letter dated July 15, 2022, you requested a tariff classification determination on behalf of your client, Caviar Biotec Ltd. (London, United Kingdom).

The subject merchandise is Pure Caviar Oil (Food Grade B). You state that the oil is obtained from the roe of farmed Siberian and Russian sturgeons (Acipenser sp.) by a gentle, low temperature, enzyme extraction process without the use of solvents. The extracted oil is then deodorized, winterized, refined, and mixed with natural tocopherols which serve as antioxidants. You indicate the oil will be utilized in food and cosmetics applications and has a strong nutritional profile, is low in saturates, and is high in monounsaturates with a balanced n-3:n-6 ratio, high in n-9. The Pure Caviar Oil (Food Grade B) will be packed in bulk sized metal drums with a net weight of either 20 or 190 kilograms.

The applicable subheading for the Pure Caviar Oil will be 1603.00.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates:...Other...Other.” The rate of duty will be free.

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 the 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