In the May 3, 2023, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to reclassify anchovy oil as animal fats and oils under HTSUS 1516.10.0000 (7 cents/kg duty) rather than as vegetable fats and oils under HTSUS 1516.20.9000 (8.8 cents/kg duty).

The subject merchandise is oils derived from anchovy that are imported in steel drums with a net weight of 190 kg. This product will undergo refining, deacidification, esterification, washing, molecular distillation, reesterification, winterization, deodorization, decoloration and, the addition of an antioxidant (tocopherols).

CBP states that anchovies are animals and that there was thus an “error of classification” in classifying anchovy oils as vegetable oils.

Ruling NY N311042 would be modified to reflect the proposed reclassification. Comments on this proposal are due no later than June 2.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

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