CLA-2-04:OT:RR:NC:N2:231
Mr. Fernando Salomon
Superior Foods
13155 SW 134th Street
Miami, FL 33186
RE: The tariff classification of Evaporated Milk from Ukraine
Dear Mr. Salomon:
In your letter dated August 13, 2019, you requested a tariff classification ruling.
The subject merchandise is “Evaporated Milk Full Cream, Sterilized, Fat 8.6%” composed of skimmed milk, cream, stabilizers (E331, E339, E450, E451, and E452) and nisin (preservative). The product contains 8.6 percent milk fat and 25.5 percent milk solids. The evaporated milk will be packed in 400-gram metal tins with 24 pieces per each corrugated box.
The applicable subheading for the above-described “Evaporated Milk Full Cream, Sterilized, Fat 8.6%”, if entered under quota, will be 0402.91.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Milk and cream, concentrated or containing added sugar or other sweetening matter: Other: Not containing added sugar or other sweetening matter: Described in additional U.S. note 11 to chapter 4 and entered pursuant to its provisions: In airtight containers.” The rate of duty will be 2.2 cents per kilogram.
The applicable subheading for the above-described “Evaporated Milk Full Cream, Sterilized, Fat 8.6%”, if entered after the quota has closed, will be 0402.91.7000, HTSUS, which provides for “Milk and cream, concentrated or containing added sugar or other sweetening matter: Other: Not containing added sugar or other sweetening matter: Other: In airtight containers.” The rate of duty will be 31.3 cents per kilogram.
Further, goods entered under subheading 0402.91.7000, HTSUS, will be subject to additional safeguard duties based on their value, as set forth in subheadings 9904.05.02—9904.05.19, HTSUS.
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 the 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
E-mail: [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 FDA at telephone number (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