CLA-2-04:OT:RR:NC:N2:231
Ms. Chaya Spilman
All-Ways Forwarding Int’l. Inc.
701 Newark Avenue
Elizabeth, NJ 07208
RE: The tariff classification of dried whey from Canada.
Dear Ms. Spilman:
In your letter dated March 13, 2014 you requested a tariff classification ruling on behalf of Saputo Dairy Products Canada GP.
Product specification sheets, a manufacturing flow chart and a sample identified as an “acid-type whey powder” accompanied your request. The sample is a yellowish-white powder said to contain 1.2% fat (max), 5% moisture (max) and 9-11% protein, and to have a titratable acidity of 0.30% (min).
You state a belief that subheading 0404.10.1100, Harmonized Tariff Schedule of the United States (HTSUS), could apply to this product. That subheading provides for certain “modified whey,” as defined in Subheading Note 1 to Chapter 4, HTSUS. However, based on the submitted information, it appears that for tariff purposes this product is ordinary dried whey, as opposed to “modified” whey, and therefore will be classified elsewhere.
The applicable subheading for the acid-type whey powder, if entered under quota with a required import license, will be 0404.10.5010, HTSUS, which provides for whey, whether or not concentrated or containing added sugar or other sweetening matter…: whey and modified whey…: other: dried: described in additional U.S. Note 12 to chapter 4 and entered pursuant to its provisions: articles for which an import license is required. The general rate of duty will be 3.3 cents per kilogram.
Imports under subheading 0404.10.5010, HTSUS, require an import license, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval.
Questions regarding licensing procedures and applications for licenses to import dairy goods subject to quota should be addressed to:
Import Quota Manager for Dairy Products
U.S. Department of Agriculture (USDA)
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
The applicable subheading for the acid-type whey powder, if entered under quota when an import license is not required, will be 0404.10.5090, HTSUS, which provides for whey, whether or not concentrated or containing added sugar or other sweetening matter…: whey and modified whey…: other: dried: described in additional U.S. Note 12 to chapter 4 and entered pursuant to its provisions: other. The general rate of duty will be 3.3 cents per kilogram.
The applicable subheading for the acid-type whey powder, if entered outside the quota, will be 0404.10.9000, HTSUS, which provides for whey, whether or not concentrated or containing added sugar or other sweetening matter…: whey and modified whey…: other: dried: other. The general rate of duty will be 87.6 cents per kilogram.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location:
USDA
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 734-3277
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Nathan Rosenstein at the email address [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division