General Department of Vietnam Customs responds on HS code of Oil Omega-3,6,9 of Polvita Company

In recent times, through mass media, Polvita Trade Corporation located at Thanh Xuan District, Hanoi reflected to Customs authority about imposing HS code on the item of Alaska Deep Sea Fish Oil Omega-3,6,9 (Oil Omega-3,6,9) changing from HS 2106.90 to HS 1517.90.90 (for declaration arising from September 5, 2014) affecting the enterprises’ operation.

According to the General Department of Vietnam Customs, based on the analysis results, the item is a supplement food "Alaska Deep Sea Fish Oil Omega-3,6,9" which is a mixture of fish oil, flaxseed oil, evening primrose oil and other additives, in the form of soft capsules, with 100 capsules/bottle for retail.

illustration image. Source: Internet

According to the manufacturing process, information on the product's packaging and information about ingredients announced by the Polvita Company attached to the product, Alaska Deep Sea Fish Oil Omega 3,6,9 is a mixture oils including fish oil, flaxseed oil, evening primrose oil and other additives, in the form of soft capsules, with 100 capsules/bottle for retail..

With the above regulations, processes and information, and based on the rules of goods classification, Polvita Oil Omega-3,6,9 belongs to the heading 15.17 “Margarine; Edible mixtures or preparations of animal or vegetable fats or oils or fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 15.16”, subheading 1517.90 "- Other", HS code number 1517.90.90 "- Other" (Rules 1 and 6).

Polvita Company has complained to the Customs authority because the World Customs Organization (WCO) previously responded to the General Department of Vietnam Customs and responded to the company about the HS code of the item of Oil Omega-3,6,9 with a different opinion.

To remove problems, on October 8, the General Department of Vietnam Customs had a meeting with Polvita Company to discuss the solution of enterprises' problems. The two parties agreed to re-ask the WCO's opinion on classification for the item "Alaska Deep Sea Fish Oil Omega-3,6,9", because there was a difference in the answer of the WCO given to General Department of Vietnam Customs and the company. The two parties would comply with the final decision of the WCO.

Accordingly, on October 21, WCO responded on the classification of the item "Alaska Deep Sea Fish Oil Omega-3,6,9" of Polvita Company belonging to heading 15.17, subheading 1517.90 (Rules 1 and 6).

On October 26, in agreement with the WCO's decision, Polvita Company withdrew the complaint. The General Department of Vietnam Customs is currently implementing the procedures to issue a decision to suspend a complaint.