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NY 812812




August 1, 1995

CLA-2-15:S:N:N7:232 812812

CATEGORY: CLASSIFICATION

TARIFF NO.: 1517.90.2020

Mr. Umberto Bonfante
Olivoro USA, Inc.
14920 South Figueroa Street
Gardena, CA 90248

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of an edible oil blend from Canada; Article 509

Dear Mr. Bonfante:

In your letter dated June 26, 1995 you requested a ruling on the status of an edible oil blend from Canada under the NAFTA.

A sample and information were submitted with your initial request dated May 19, 1995. The subject merchandise is a liquid blend composed of 75 percent canola oil, manufactured in Canada, and 25 percent extra virgin olive oil manufactured in Italy. The canola oil is refined, bleached and deodorized in Canada. The extra virgin olive oil is cold pressed and filtered in Italy. The olive oil is shipped to Canada in 58 gallon drums from the United States. The oils are blended and bottled in 2 liter containers in Canada. The submitted sample indicates that the product can be used for frying, baking, cooking and as a dressing for salads, soups etc.

The applicable tariff provision for the canola oil/extra virgin olive oil blend will be 1517.90.2020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 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...salad and cooking oils. The general rate of duty will be 9.7 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/15, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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