CLA-2-04:OT:RR:NC:N4:231
Mr. David Pentland
Carson Customs Brokers Ltd
925 Boblett Street
Building B
Blaine, WA 98230
RE: The tariff classification of Greek Yogurt Dip from Canada
Dear Mr. Pentland:
In your letter dated February 9, 2017 you requested a tariff classification ruling on behalf of your client, Parmalat Canada Inc. (Etobicoke, Ontario).
The subject merchandise is four various flavors of Sabra® brand Greek Yogurt Dip.
Farmer’s Ranch is composed of yogurt (cultured skim milk, cream, milk protein), carrot, cucumber, celery, canola oil, onions, salt, onion powder, spices, chives, parsley, garlic powder, sugar, pectin, cultured dextrose, cultured skim milk, potassium sorbate (added to maintain freshness), natural flavors, sodium citrate, and citric acid.
Tzatziki is composed of yogurt (cultured skim milk, cream, milk protein), cucumber, garlic, canola oil, onions, parsley, dill, spices, salt, sugar, pectin, cultured dextrose, cultured skim milk, potassium sorbate (added to maintain freshness), natural flavors, sodium citrate, and citric acid.
French Onion is composed of yogurt (cultured skim milk, cream, milk protein), canola oil, onions, garlic powder, salt, sugar, brown sugar, pectin, cultured dextrose, cultured skim milk, potassium sorbate (added to maintain freshness), natural flavors, sodium citrate, and citric acid.
Spinach Parmesan is composed of yogurt (cultured skim milk, cream, milk protein), spinach, onions, canola oil, salt, garlic, sugar, parmesan cheese, pectin, cultured dextrose, cultured skim milk, natural flavors, potassium sorbate (added to maintain freshness), sodium citrate, and citric acid.
Each of the products contain 18 percent milk fat and will be packed in plastic containers (six per case) with a net weight of 283 grams and 680 grams, respectively.
The applicable subheading for both of the above-described four flavors of Greek Yogurt Dip, if entered under quota, will be 0406.10.8400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cheese and curd: fresh (unripened or uncured) cheese, including whey cheese, and curd: other: other: other: other cheese and substitutes for cheese (except cheese not containing cow’s milk, and soft ripened cow’s milk cheese): described in additional U.S. note 16 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem
Imports under subheading 0406.10.8400, 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 cheese 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 above-described four flavors of Greek Yogurt Dip, if imported outside the quota (i.e., without a USDA cheese-import license), will be 0406.10.8800, HTSUS, which provides for cheese and curd: fresh (unripened or uncured) cheese, including whey cheese, and curd: other: other: other: other cheese and substitutes for cheese (except cheese not containing cow’s milk, and soft ripened cow’s milk cheese): other. The rate of duty will be $1.509 per kilogram. Also, products classified in subheading 0406.10.8800, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.06.38—9904.06.48.
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 https://hts.usitc.gov/current.
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) 851-3300
Email: [email protected]
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division