CLA-2-04:RR:NC:2:231 B85304
Mr. John Di Leo
Schenker International
1572 East Bolivar Avenue
Milwaukee, WI 53235
RE: The tariff classification of a dairy product from the United Kingdom.
Dear Mr. Di Leo:
In your letter, dated April 28, 1997, you requested a tariff classification ruling on behalf
of your client, Hoogwegt U.S., Inc., Libertyville, IL.
The product, which is called, "White Crumb," is a yellow/creamy powdered dairy product that
is comprised of full cream milk and sugar. The ingredients are 12.1-13.5 percent milk fat, 37.1-38.5 percent nonfat milk solids, and 46.2-47.6 percent sugar. The moisture content is 2.5 percent
maximum. The manufacturing process includes concentration and vacuum drying.
The applicable subheading for "White Crumb," if imported in quantities that fall within
the limits described in additional U.S. note 10 to chapter 4, will be 0402.29.1000, Harmonized
Tariff Schedule of the United States (HTS), 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, other, described in additional U.S. note 10 to
chapter 4 and entered pursuant to its provisions. The rate of duty will be 17.5 percent ad
valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the
product will be classified in subheading 0402.29.5000, HTS, and will be dutiable at US $1.202
per kilogram, plus 16.2 percent ad valorem. In addition, products classified in subheading
0402.29.5000, HTS, will be subject to additional duties based on their value, as described in
subheadings 9904.04.50 - 9904.05.01, HTS.
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,
Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division