CLA-2-04:OT:RR:NC:N2:231
Mr. Claudio Alvarez
Agripack Global Inc.
5200 NW 43rd Street
Suite No. 102-199
Gainesville, FL 32606
RE: The tariff classification of Instant Whole Milk Powder from Argentina
Dear Mr. Alvarez:
In your letter dated January 9, 2019 you requested a tariff classification ruling.
The subject merchandise is Instant Whole Milk Powder which is fortified with vitamin A and vitamin D. You state that the minimum fat content in the product is 26 percent. The product will be packed in flexible bags weighing between 800 and 1500 grams. The bags which will be packed 12 to 24 bags per box will be sold to retail outlets.
The applicable subheading for the Instant Whole Milk Powder (fortified with vitamins A and D), 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 Instant Whole Milk Powder (fortified with vitamins A and D), 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
Additionally, you made a request in your submission for the applicability of an unspecified Free Trade Agreement to your product for preferential treatment. We are unable to make that determination since Argentina is not part of any trade agreement programs.
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