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NY N018138

January 10, 2008



TARIFF NO.: 1517.90.2080

Mr. Steven B. Zisser
Zisser Customs Law Group
Suite 114
2297 Niels Bohr Court
San Diego, CA 92154

RE: The tariff classification of “Omega-3 18/12 natural fish oil” from Iceland

Dear Mr. Zisser:

In your letter dated September 27, 2007, on behalf of your client, AHD International LLC, you requested a tariff classification ruling. The samples which you submitted were forwarded to the Customs and Border Protection laboratory for analysis.

The subject merchandise is said to be made of 100 percent Omega 3 Fish Oil, produced from mackerel, anchovies and sardines. You state that it will not be imported in capsules or gels. It is made up of 95 percent triglycerides. According to Customs Laboratory Report no. NY20071645, dated December 20, 2007, "Omega-3 18/12 Fish Oil” is a yellow liquid, fish oil (fractions), not concentrated or chemically modified. It is stated to be made from crude oil of mackerel, anchovies and sardines.

The applicable subheading for the “Omega-3 18/12 Fish Oil” will be 1517.90.2080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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...Other. The rate of duty will be 8 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 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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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