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NY N007319




March 23, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1517.90.2020

Carla Ferreira
All-Ways Forwarding
701 Newark Avenue
Elizabeth, New Jersey 07208

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

Dear Ms. Ferreira:

In your letter dated February 13, 2007, you requested a ruling on the status of an edible oil blend from Canada under the NAFTA.

The subject merchandise is a liquid blend composed of 60 percent canola oil, manufactured in Canada, and 40 percent palm oil manufactured in Malaysia. The canola oil and palm oil are blended in Canada and shipped to the United States in rail tanker cars.

The applicable subheading for the 60/40 Canola Palm Oil Blend will be 1517.90.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Margarine; edible mixtures or preparations of animal or vegetable fats or oils or fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516other: Artificial mixtures of two or more of the products provided for in headings 1501 to 1515, inclusive:othersalad and cooking oils. The general rate of duty will be 8 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, HTSUS.

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.

Sincerely,

Robert B. Swierupski
Director,

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