The tariff classification of Maca Extract Powder and Ungurahui Oil

N236148 December 17, 2012 CLA-2-15:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 1515.90.8090 Ms. Ricki Duran American Lamprecht 700 Rockaway Turnpike Suite 303a Lawrence, NY 11559 RE: The tariff classification of Maca Extract Powder and Ungurahui Oil Dear Ms. Duran: In your letter dated December 4, 2012, on behalf of your client, Freedom Actives, you requested a tariff classification ruling. The subject merchandise Ungurahui Oil is obtained from the fruit of the Oenocarpus Bataua tree. The oil is cold pressed and imported in bulk. It will be used for manufacturing cosmetic products. The applicable subheading for the Ungurahui Oil will be 1515.90.8090, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other.” The rate of duty will be 3.2 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), or the Federal Food, Drug, and Cosmetic Act which are regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/ bioterrorism/bioact.html. Information for the Federal Food, Drug, and Cosmetic Act may be obtained by calling FDA at telephone number 301-443-1544. In your letter, you made a request for classification for the product Maca Extract Powder. We need additional information in order to issue a ruling. Please submit the following information so we may assist you with your request: A sample of the product in its condition as imported. A breakdown of component materials and ingredients by weight. A detailed manufacturing flow chart showing each step in the extraction process. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically. 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Thomas J. Russo Director National Commodity Specialist Division