The tariff classification of Camellia Tea Oil from China

NY R03840 May 18, 2006 CLA-2-15:RR:NC:SP:232 R03840 CATEGORY: Classification TARIFF NO.: 1515.90.8090 Mr. Neeraj Murarka Brand Concepts Inc. 7608 Cariboo Road Burnaby, British Columbia Canada V3N 4A9 RE: The tariff classification of Camellia Tea Oil from China Dear Mr. Murarka: In your letter dated May 1, 2006 you requested a tariff classification ruling. The subject merchandise is described as Camellia Tea Oil. You indicate that the product may also be referred to as Virgin Camellia Tea Oil or Extra Virgin Camellia Tea Oil. The merchandise is cold pressed from the seeds of the Camellia oleifera or the Camellia sinensis. There are no added ingredients. The product is currently produced in China and shipped through Canada, and then to the United States. It will be shipped directly from China to the United States in the future. The item will be imported in 500 milliliter bottles and used in cooking. The applicable subheading for the Camellia Tea 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/. The Camellia Tea Oil cannot be classified in heading 3301. Essential oils of heading 3301 may be obtained through expression, steam distillation, solvent extraction or by enfluerage. Essential oils are generally of complex composition and contain alcohols, aldehydes, ketones, phenols, esters, ethers, and terpenes in varying amounts. The Camellia Tea Oil typically contains oleic acid, linoleic acid, and stearic acid. 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 telephone number (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 John Maria at 646-733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division