1509.40 - Other virgin olive oils:

This HTS category, 1509.40, encompasses "other virgin olive oils" that do not meet the stricter criteria for extra virgin olive oil (1509.20) or virgin olive oil (1509.30). Virgin olive oils are obtained directly from olives by mechanical or other physical means, solely under conditions that do not lead to alteration of the oil, and have not undergone any treatment other than washing, decantation, centrifuging, or filtration. The oils classified here possess the characteristic qualities of virgin olive oil but may fall outside the specific parameters set for the superior grades, potentially due to minor deviations in acidity or organoleptic properties.

The distinction from sibling categories is crucial. Extra virgin olive oil (1509.20) must have a free acidity, expressed as oleic acid, of not more than 0.8 g per 100 g and be judged to have a flavor of fruits of the olive and no sensory defects. Virgin olive oil (1509.30) has a free acidity of not more than 2 g per 100 g and a flavor of fruits of the olive and may have very slight defects. Oils classified under 1509.40, while still virgin olive oils, do not satisfy these stringent acidity and sensory profiles required for 1509.20 and 1509.30.

Further subdivisions exist within this category to account for packaging size. Subcategory 1509.40.20 is designated for these "other virgin olive oils" when they are weighed with their immediate container and that weight does not exceed 18 kilograms. Conversely, subcategory 1509.40.90 covers all other instances of these oils, typically implying larger bulk packaging or shipments where the immediate container weight exceeds 18 kilograms. This differentiation aids in customs administration and statistical tracking.