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NY J84292




May 7, 2003

CLA-2-15:RR:NC:SP:232 J84292

CATEGORY: CLASSIFICATION

TARIFF NO.: 1509.10.2000; 1517.90.2080

Ms. Melissa Ann Miller
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: The tariff classification of various Oleomed products from Spain

Dear Ms. Miller:

In your letter dated April 23, 2003, on behalf of Pharmed Group and Oleomed America, Inc., you requested a tariff classification ruling.

Information was submitted with your initial request dated November 18, 2002. The subject merchandise consists of three Oleomed products: Pharmaceutical Grade Olive Oil, Femme Mediterranean Formula and Heart Mediterranean Formula. All of the oil products are encapsulated in soft gelatin capsules. The merchandise is sold as over-the-counter dietary products.

The Pharmaceutical Grade Olive Oil is stated to contain 1200 mg. of extra virgin olive oil. The product is produced from olives using solely mechanical or other physical means, which do not alter the oil. The only processes performed on the olive oil are: washing, decanting centrifugation and filtering.

The Femme Mediterranean Formula is stated to contain 400 mg. of olive oil and 800 mg. of evening primrose oil. The olive oil in the mixture is processed in the same manner as described in the Pharmaceutical Grade Olive Oil product. The evening primrose oil is produced by the mechanical pressing of primrose seeds without the use of any chemicals or additives. The evening primrose oil is not bleached or deodorized.

The Heart Mediterranean Formula is stated to contain 445 mg. of olive oil, 375 mg. of fish oil, 375 mg. of primrose oil and 7.5 IU Vitamin E. The olive oil and the evening primrose oil in the mixture are processed as described in the Pharmaceutical Grade Olive Oil and Femme Mediterranean Formulas. The fish oil is produced by heating fish in a steam cooker. The liquid produced in the steam cooker is drained from the coagulated fish pulp in a vibrating or rotary strainer. Additional liquid is pressed from the coagulated fish pulp. The liquid from the press and the pre-strainer consists of water and varying amounts of oil and dry matter. Oil polishing is performed in special separators by using hot water to extract impurities from the oil. It is noted that after the separators have removed a major part of the oil and suspended the solids from the press liquids, the resulting water is referred to as “stickwater.” Extra oil is removed from the stickwater using centifugation. You have not indicated the function of the Vitamin E in the product. However, it is noted that the quantity added is only 7.5 IU.

The applicable subheading for the Pharmaceutical Grade Olive Oil will be 1509.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Olive oil and its fractions, whether or not refined, but not chemically modified: Virgin: Weighing with the immediate container under 18 kg. The rate of duty will be 5 cents per kilogram on contents and container.

The applicable subheading for the Heart Mediterranean Formula and the Femme Mediterranean Formula will be 1517.90.2080, Harmonized Tariff Schedule of the United States (HTS), 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...Other. The rate of duty will be 8 percent ad valorem.

The Heart Mediterranean Formula and the Femme Mediterranean Formula products cannot be classified in subheading 1509.10.2000, HTS, because mixtures of oils are provided for in heading 1517 of the Harmonized Tariff Schedule.

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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