HQ 0088604 - Classification of olive pomace oil under the Harmonized Tariff Schedules of the United States (HTSUS). - United States International Trade Commision Rulings

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HQ 088604

March 12,1991

CLA-2 CO:R:C:F 088604 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 1510.00.40

Mr. Richard J. Sullivan
Association of Food Industries, Inc.
5 Ravine Drive
P.O. Box 776
Matawan, New Jersey 07747

RE: Classification of olive pomace oil under the Harmonized Tariff Schedules of the United States (HTSUS).

Dear Mr. Sullivan:

Your letter of November 7, 1990, concerns the classification of olive pomace oil, which you feel is being misclassified under the HTSUS.

FACTS:

It is your opinion that the import statistics do not reflect the true amount of olive pomace oil being imported. You feel that in all probability the pomace oil is being entered as olive oil in subheadings 1509.90.20, HTSUS, and 1509.90.40, HTSUS, whereas, it is your opinion that the pomace oil should be classified as other oils and their fractions obtained solely from olives, in subheadings 1510.00.40, HTSUS and 1510.00.60, HTSUS.

ISSUE:

Classification of olive pomace oil under the HTSUS.

LAW AND ANALYSIS:

The provisions are:

1509 Olive oil and its fractions, whether or not refined, but not chemically modified:
1509.10. Virgin:
1509.10.20 Weighing with immediate container under 18kg....

1509.10.40 Other....

1509.90 Other....

1510.00 Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils and fractions with oils or fractions of heading 1509:

1510.00.40 Other:
Weighing with the immediate container under 18kg....

1510.00.60 Other....

The Explanatory Notes to heading 1509 - Olive Oil and its fractions, whether or not refined, but not chemically modified- state that the provision does not cover olive-residue oil and blends of olive oil and olive residue oil, which, it indicates, are in heading 1510, HTSUS. The Explanatory Notes to 1510 state that it covers olive-residue oil other than the virgin olive oils and other oils of heading 1509, HTSUS.

Pomace is defined as the pulpy residue which results from the crushing of fruit. From this type of residue is produced the third type, the lowest in quality, the Explanatory Notes explain, which is obtained from the residue of the previous pressings by a solvent extraction process.

Olive pomace oil, an olive-residue oil, a product of solvent extraction, is classifiable under the provision for other oils and their fractions, obtained solely from olives, in subheading 1510.00.40, HTSUS, if weighing with the immediate container under 18kg; or if not meeting this standard, in subheading 1510.00.60, HTSUS.

The various Custom ports of entry are being reminded of the distinction between the products.

HOLDING:

Olive Pomace Oil, an olive-residue oil, obtained by solvent extraction as described above, is classifiable in subheadings 1510.00.40, HTSUS, or 1510.00.60, HTSUS, depending upon weight of contents and container.

Sincerely,

John Durant, Director

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