CLA-2-04:OT:RR:NC:N2:231
Mr. Daniel Nava
Job Supply Inc.
20900 NE 30th Avenue
Suite No. 714
Aventura, FL 33180
RE: The tariff classification of Dried Skimmed Milk Powder from Finland
Dear Mr. Nava:
In your letter dated June 19, 2020, you requested a tariff classification ruling. A product information sheet pertaining to the item accompanied your request without a sample.
The subject merchandise is Valio Eila™ Pro Lactose Free Skimmed Milk Powder. The free flowing powder is made by spray-drying fresh pasteurized skimmed cow's milk from which lactose is partially removed by filtration and the remaining lactose is enzymatically hydrolyzed to glucose and galactose. The powder is said to have a fat content of 1.5 percent (maximum), a moisture content of 3.5 percent (maximum) and a protein content of approximately 47 percent. The product will be used in confectionery, ice cream, dairy, nutritional supplements etc. Valio Eila™ Pro Lactose Free Skimmed Milk Powder will be imported in 25-kilogram and 700-kilogram bags, respectively.
The applicable subheading for the Valio Eila™ Pro Lactose Free Skimmed Milk Powder, if entered under quota, will be 0402.10.1000, 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, not exceeding 1.5 percent: Described in additional U.S. note 7 to chapter 4 and entered pursuant to its provisions.” The rate of duty will be 3.3 cents per kilogram.
The applicable subheading for the Valio Eila™ Pro Lactose Free Skimmed Milk Powder, if entered outside the quota, will be 0402.10.5000, 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, not exceeding 1.5 percent: Other.” The rate of duty will be 86.5 cents per kilogram. Also, products classified in subheading 0402.10.5000, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.22—9904.04.30.
Imports under subheadings 0402.10.1000, 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
Fax: (202) 720-6556
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
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 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