CLA-2-04:RR:NC:2:231 E85412
Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite 205
Monterey Park, CA 91754
RE: The tariff classification of canned butter from France.
Dear Mr. Awana:
In your letter, dated July 21, 1999, you have requested a tariff classification ruling on behalf of your client, Nikko Importer, Inc., Vernon, CA.
The merchandise is described thus:
1. "Le Masclet" brand, pasteurized, salted butter is packed in a 250 gram tin. It contains 83-84 percent fat and 2 percent salt.
2. "Beurtel" brand, pasteurized, salted butter is packed in a 250 gram tin. It contains 82-83 percent fat and 3 percent salt.
The applicable subheading for canned butter, if entered under quota, will be 0405.10.1000, HTS, which provides for butter and other fats and oils derived from milk; dairy spreads, butter, described in additional U.S. note 6 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 12.3 cents per kilogram.
The applicable subheading for canned butter, if entered outside the quota, will be 0405.10.2000, HTS, which provides for butter and other fats and oils derived from milk; dairy spreads, butter, other. The rate of duty will $1.586 per kilogram. In addition, products classified in subheading 0405.10.2000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.09 - 9904.04.21.
For goods classified in subheading 0405.10.1000, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time that such merchandise is entered for consumption into the United States.
Questions regarding licensing procedures and applications for licenses to import dairy products subject to quota should be addressed to:
Import Quota Manager for Dairy Products
STOP 1029/Room 5531-S
U.S. Department of Agriculture
1400 Independence Avenue, S.W.
Washington, DC 20250-1029
Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Food and Drug Administration may be addressed to that agency at the following location:
U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204
Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:
A.P.H.I.S., Veterinary Services
Federal Building, Room 756
6505 Belcrest Road
Hyattsville, MD 20782
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at (212) 637-7064.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division