CLA-2-04:OT:RR:NC:N2:231
Ms. Maria Necci
Maria Necci Customs Broker Inc.
2363 Devon Street
East Meadow, NY 11554
RE: The tariff classification of Donkey Milk Powder from Greece
Dear Ms. Necci:
In your letter dated February 22, 2018, you requested a tariff classification ruling on behalf of your client Nutriblends Inc. (Astoria, NY).
The subject merchandise is “NETO” brand cryogenically processed Donkey Milk Powder. The milk product which has been sanitized, concentrated, and cryogenically freeze dried is derived from donkeys (Equus Asinus). The intended import is sold in packs of 200 grams each. It is marketed as a raw ingredient to manufacturers of cosmetics products. The fat content was stated to be 3.5 to 5 percent.
You have requested classification of this product under 3304.91.0050 Harmonized Tariff Schedule of the United States (HTSUS) which provides for: Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations; manicure of pedicure preparations: Other: Other: Other. We disagree with this classification.
The applicable subheading for the Donkey Milk Powder conforming to the above description, if entered under quota, will be 0402.21.3000, Harmonized Tariff Schedule of the United States (HTSUS), 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: not containing added sugar or other sweetening matter: of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent: described in additional U.S. note 8 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 6.8 cents per kilogram.
Imports under subheading 0402.21.3000, 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 whole milk powder, if entered outside the quota, will be 0402.21.5000, HTSUS, 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: not containing added sugar or other sweetening matter: of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent: other. The rate of duty will be $1.092 per kilogram. Also, products classified in subheading 0402.21.5000, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.31—9904.04.39.
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division