CLA-2-04:OT:RR:NC:N4:231
Ms. Carla Graca
All-Ways Forwarding Int’l Inc
701 Newark Avenue
Elizabeth, NJ 07208
RE: The tariff classification of Organic Coconut Oil & Ghee Butter and Organic Ghee Butter from India, Phillipines and Sri Lanka
Dear Ms. Graca: In your letter dated March 30, 2017 you requested a tariff classification ruling on behalf of your client, Carrington Farms (Closter, NJ).
The sample that was submitted with your request was examined and disposed of. The subject merchandise is Organic Coconut Oil & Ghee Butter and Organic Ghee Butter. Organic Coconut Oil & Ghee Butter is composed of 70 percent coconut oil and 30 percent ghee. You have stated that the product is blended in the United States from a tempered finished ghee product and a tempered organic unrefined coconut oil. The product will be packaged in retail tubs and bulk totes.
Organic Ghee Butter is organic unsalted butter that is tempered, heated, strained and filtered. The product will be packaged for retail in tubs and bulk totes.
The applicable subheading for the Organic Coconut Oil & Ghee Butter will be 1517.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter...Other...Other...Other...Other. The duty rate will be 8.8 cents per kilogram.
The applicable subheading for the Organic Ghee Butter if entered under quota, will be 0405.90.1020, HTSUS, which provides for butter and other fats and oils derived from milk; dairy spreads: Other: described in additional U.S. Note 14 to chapter 4 and entered pursuant to its provisions: anhydrous milk fat. The rate of duty will be 10% ad valorem.
Imports under subheading 0405.90.1020, 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 products subject to quota should be addressed to:
Import Quota Manager for Dairy Products
U.S. Department of Agriculture
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
The applicable subheading for the Organic Ghee Butter if entered outside the quota, will be 0405.90.2020, HTSUS, which provides for butter and other fats and oils derived from milk; dairy spreads: other: other: anhydrous milk fat. The rate of duty will be $1.865 per kilogram + 8.5% ad valorem. Also, products classified in subheading 0405.90.2020, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.05.37—9904.05.47. 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) 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 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