May 3 CBP Bulletin Proposes to Modify Ruling on Anchovy Oil
In the May 3 Customs Bulletin (Vol. 57, No. 17), CBP published a proposal to modify a ruling on anchovy oil.
Comments on Proposals Due June 2
CBP said consideration will be given to any written comments received by June 2 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the ruling below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Anchovy Oil
| Item: Oils derived from anchovy and a marine microalgae. Each article will be undergo refining, deacidification, esterification, washing, molecular distillation, re-esterification, winterization, deodorization, decoloration and the addition of an antioxidant. The anchovy oil and algae oil will be imported in steel drums with a net weight of 190 kilogram. |
| Current: 1516.20.9000, 8.8 ¢/kg, “Animal or vegetable fats and oil and their fractions, partly or wholly hydrogenated, inter-esterified, reesterified or elaidinized, whether or not refined, but not further prepared: Other.” |
| Proposed: 1516.10.0000, 7 ¢/kg, “Animal, vegetable or microbial fats and oil and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinized, whether or not refined, but not further prepared: Animal fats and oils and their fractions.” |
| Reason: As a fish, anchovies belong to a group of animals considered aquatic vertebrates. Oil derived from anchovies, therefore, are considered “animal fats and oils,” and not “vegetable fats and oils.” Consequently, anchovy oil is classified under subheading 1516.10.00, HTSUS, which provides for animal fats and oils and their fractions. |
| Proposed for modification: N311042, dated April 8, 2020 |
| Proposed new ruling: H329655 |