CLA-2-04:S:N:N7:231 808227
Mr. George Kampouris
G. Van Kam Trading Company Ltd.
4920 De Maisonneuve W., #11
Montreal, Quebec H3Z 1N1
Canada
RE: The tariff classification of dry whole milk and nonfat dry
milk from Australia, Belgium, Canada, the Netherlands, and
Poland.
Dear Mr. Kampouris:
In your letter, dated March 16, 1995, you have requested a
tariff classification ruling.
The merchandise consists of the following four products:
1) SDWM 9010-23/27 - a dry blend of dry whole milk (90 percent by weight) and
sugar (10 percent by weight).
2) SDWM 9505-24/28 - a dry blend of dry whole milk (95 percent by weight) and
sugar (5 perent by weight).
3) SHWM 9010-06/07 - a dry blend of nonfat dry milk (67 percent by weight),
dry whole milk (23 percent by weight), and sugar (10 percent by weight).
4) SHWM 9505-06/07 - a dry blend of nonfat dry milk (72 percent by weight),
dry whole milk (23 percent by weight), and sugar (10 percent by weight).
These products will be used as ingredients for the manufacture of
confectionary goods and other foods.
The applicable subheading for the dry blends of dry whole milk (SDWM
9010-23/27 and SDWM 9505-24/28), and the dry blends of nonfat dry milk (SHWM
9010-06/07 and SHWM 9505-06/07), if imported in quantities that fall within
the limits described in additional U.S. note 10 to chapter 4, will be
0402.29.1000, Harmonized Tariff Schedule of the United States (HTS), which
provides for milk and cream, concentrated or containing added sugar or other
sweetening matter, in powder, granules or other solid forms, of a fat
content, by weight, exceeding 1.5 percent, other, described in additional
U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate
of duty will be 17.5 percent ad valorem. If the quantitative limits of
additional U.S. note 10 to chapter 4 have been reached, the product will be
classified in subheading 0402.29.5000, HTS, and will be dutiable at US $1.266
per kilogram plus 17.1 percent ad valorem. In addition, products classified
in subheading 0402.29.5000, HTS, will be subject to additional duties based
on their value, as described in subheadings 9904.04.50 - 9904.05.01, HTS.
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177.
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport