Circular No.7/2009-Customs dated
09.02.2008
Clarification on admissibility of benefit
of exemption in respect of Virgin Olive Oil under Notification No.21/2002-Cus.
dated 1.3.2002.01/03/2002
Your attention is invited to Notification
No.21/2002-Customs dated 1.3.2002 as amended by Notification No.42/2008-Customs
dated 1.4.2008 wherein certain duty concessions have been extended to edible
oils specified therein.
2. In this regard, since the word ‘virgin ’ is not mentioned in the
description of the entry at serial No.33A of the Notification No. 21/2002 dated
1.3.2002, doubts have been raised by certain field formations about the
eligibility for exemption and the benefit under the said notification to imports
of Virgin Olive Oil of edible grade.
3. The matter has been examined in the Board. For the purpose of classification
of edible oils enumerated in heading 1508 to 1515, other than olive oil, these
have been simply grouped in a single heading as ‘crude ’ and ‘others
’ (refined). In respect of olive oil, it has been classified under two headings
– heading 1509 and 1510; Heading 1509 covers virgin oil, refined virgin oils and
their fractions. Based on the quality of olive fruit, the olive oil obtained by
mechanical pressing can either be edible directly or needs refining to make it
edible. Heading 1510 covers crude olive oils which are basically residue oils
obtained by means of solvent extraction from the residues left after the olives
have been pressed to produce olive oils of heading 1509.
4. There is no reference to the term ‘crude oil ’ in the explanatory notes
of the Harmonized System of Nomenclature (HSN) relating to oils of heading 1509.
However, in respect of other edible oils such as soya bean oil (1507), ground
nut oil (1508) there is a specific mention of ‘crude oil ’. A sub-heading
explanatory note is also provided in HSN, to explain what constitutes as
‘crude ’ for the purpose of chapter sub-heading 1507.10 and 1508.10. This
explains the types of oils covered under the category ‘Crude oil ’ which
is also mentioned in the explanation to the entry at Serial No. 30 of the
Notification No.21/2002-Customs dated 1.3.2002. Applying the above explanation,
all virgin olive oils fall within the purview of the definition of crude oil,
since the virgin olive oil is extracted from the fruit of olive tree by
mechanical process and does not involve any chemical treatment.
5. In view of the above, it is clarified that the term ‘crude ’ used in
the Serial No.33A of the Notification No.21/2002 dated 1.3.2002 is intended to
cover all edible oils which have not been subjected to any process of refining.
Thus, all types of olive oils, including ‘ordinary virgin olive oil ’ and
‘extra virgin olive oil ’ which have not undergone any refining process and are
of edible grade, are eligible for the benefit of exemption under Serial No.33A
of the notification as crude, edible oil. The condition of edible grade of olive
oil has to be certified by testing it in terms of the standard of quality
specified for such goods in Appendix B to the Prevention of Food Adulteration
Rules, 1955.
6. All field formations as well as trade may be suitably informed and all
pending provisional assessments may be finalized accordingly.
F.No.528/41/2008-Cus.(TU)
(M.M. Parthiban)
Director (Customs)
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