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NY R03312




March 3, 2006

CLA-2-15:RR:NC:SP:232 R03312

CATEGORY: CLASSIFICATION

TARIFF NO.: 1515.90.8090; 1517.90.2020; 2103.90.8000

Ms. Sonia Medina
Flegenheimer International
227 W. Grand Ave.
El Segundo, CA 90245

RE: The tariff classification of various avocado oil products from Chile

Dear Ms. Medina:

In your letter dated February 17, 2006, on behalf of International Chile Products, you requested a tariff classification ruling.

The subject merchandise consists of the following products: Extra Virgin Avocado Oil, Extra Virgin Avocado Oil Infused with Orange, Lemon or Garlic, and Avocado/Sunflower Oil (30 percent extra virgin avocado oil and 70 percent sunflower oil). The Extra Virgin Avocado Oil will be packaged in 250 milliliter, 500 milliliter, 1000 milliliter antique green glass bottles, and in 1000 liter bulk containers. The Extra Virgin Avocado Oil Infused with Orange, Lemon or Garlic and the Avocado/Sunflower Oil will be packaged in 250 milliliter antique green glass bottles.

The applicable subheading for the Extra Virgin Avocado 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: OtherOther. The general rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the Avocado/Sunflower Oil will be 1517.90.2020, Harmonized Tariff Schedule of the United States (HTSUS), 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 the 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: OtherSalad and cooking oils. The general rate of duty will be 8 percent ad valorem.

The applicable subheading for the Extra Virgin Avocado Oil Infused with Orange, Lemon or Garlic will be 2103.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mixed condiments and mixed seasoningsotherother. The general rate of duty will be 6.4 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 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 telephone number (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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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