CLA-2-04:RR:NC:FC:231 A84040
Ms. Ank van der Biezen
Royal Netherlands Embassy
Office of the Agricultural Counselor
4200 Linnean Avenue, NW
Washington, DC 20008-3896
RE: The tariff classification of evaporated skim milk from France.
Dear Ms. van der Biezen:
In your letter, dated May 24, 1996, you have requested a tariff classification ruling on behalf of your client, Douwe Egberts Coffee Systems International.
The product, "Cafe Milc," is evaporated skim milk. The ingredients are 29.2 percent milk solids, 5.8 percent milk fat, and 0.2 percent emulsifiers (disodium phosphate and pentasodiumtriphosphate).
The applicable subheading for "Cafe Milc," if in airtight containers, and if imported in quantities that fall within the limits described in additional U.S. note 11 to chapter 4, will be 0402.91.1000, Harmonized Tariff Schedule of the United States (HTS), 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. If the quantitative limits of additional U.S. note 11 to chapter 4 have been reached, the product will be classified in subheading 0402.91.7000, HTS, and will be dutiable at 35 cents per kilogram. In addition, products classified in subheading 0402.91.7000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.02 - 9904.05.19, HTS.
The applicable subheading for "Cafe Milc," if not in airtight containers, and if imported in quantities that fall within the limits described in additional U.S. note 11 to chapter 4, will be 0402.91.3000, HTS, 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, other. The rate of duty will be 3.3 cents per kilogram. If the quantitative limits of additional U.S. note 11 to chapter 4 have been reached, the product will be classified in subheading 0402.91.9000, HTS, and will be dutiable at 35 cents per kilogram. In addition, products classified in subheading 0402.91.9000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.02 - 9904.05.19, HTS.
Importations of this product are subject to import regulations administered by various U.S. agencies. Information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:
U.S. Department of Agriculture A.P.H.I.S. Veterinary Services
Federal Building, Room 758
6505 Belcrest Road
Hyattsville, MD 20782
Att: Dr. John Blackwell
Information regarding applicable regulations administered by the U.S. Food and Drug Administration may be addressed to that agency at the following location:
U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division