CLA-2-04:OT:RR:NC:N2:231
Mr. Hugo Sheehy
I-Nov Concept Inc.
1407 rue Nationale
Terrebonne, Quebec J6W 6H8
Canada
RE: The tariff classification of Ultra Heat Temperature Milk from Canada
Dear Mr. Sheehy:
In your letter dated September 2, 2020, you requested a tariff classification ruling.
The subject merchandise is Grand Pré brand Ultra Heat Temperature (UHT) pasteurized cow’s milk. The milk fat content is two percent. The product will be imported in aseptic tetrapak cartons with a net weight of 200-ml and 1-liter.
The applicable subheading for the UHT Milk, if entered while the tariff-rate quota is open, will be 0401.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Milk and cream, not concentrated nor containing added sugar or other sweetening matter: Of a fat content, by weight, exceeding 1 percent but not exceeding 6 percent: For not over 11,356,236 liters entered in any calendar year.” The duty rate will be 0.43 cents per liter
The applicable subheading for the UHT Milk, if entered after the quantitative limit of the aforementioned tariff-rate quota has been exceeded, will be 0401.20.4000, HTSUS, which provides for: “Milk and cream, not concentrated nor containing added sugar or other sweetening matter: Of a fat content, by weight, exceeding 1 percent but not exceeding 6 percent: Other.” The rate of duty will be 1.5 cents per liter.
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/.
In your letter, you also sought a determination on country of origin, marking and free trade agreement for the product at issue. However, you did not provide sufficient information for us to address those concerns. If you wish to resubmit your request, please include the following:
Provide a list of all the component materials and the country of origin of each.
Provide the step-by-step manufacturing process and each country of occurrence.
Provide a sample and the proposed label for the product.
Importations of this product may be subject to rules and regulations administered by the agencies indicated below. We recommend that you contact them at the following locations for further information and guidance on how to comply with any documentary, labeling and/or other requirements they may have:
U.S. Department of Agriculture (USDA)
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 851-3300
Email: [email protected]
This product is also 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