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NY B86533




June 23, 1997

CLA-2-15:RR:NC:SP:232 B86533

CATEGORY: CLASSIFICATION

TARIFF NO.: 1515.90.4000

Ms. Mary Martin
Panalpina Inc.
800 S. Hindry Avenue
Inglewood, CA 90301

RE: The tariff classification of Grape Seed Oil from Italy.

Dear Ms. Martin:

In your letter dated June 6, 1997, on behalf of V.S.P. Corporation of Glendale, California, you requested a tariff classification ruling.

You submitted a sample and descriptive literature with your request. The merchandise in question is grape seed oil which is intended for retail sale to be used in edible preparations such as salad dressings. It will be imported in 1 liter cans.

The applicable subheading for the grape seed oil will be 1515.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified: Other: Other. The rate of duty will be 4.1 percent ad valorem.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 212-466-5730.

Sincerely,

Gwenn Klein Kirschner

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