CLA-2-04:RR:NC:2:231 D81109
Mr. John Monsalve
Preferred Services, Inc.
80 River Street, Fifth Floor
Hoboken, NJ 07030
RE: The tariff classification of a dairy product from France.
Dear Mr. Monsalve:
In your letter, dated August 10, 1998, you have requested a
tariff classification ruling on behalf of your client, Besnier-Scerma USA, Wapakoneta, OH.
The merchandise, "BB 241," is a dairy powder that will be
used as a cream base. The ingredients are 70 percent calcium
caseinate and 30 percent whey powder. It contains, by weight,
36.4 percent protein, 6.3 percent ash, 3.9 percent moisture, and
0.75 percent fat. The pH is 6.5.
The applicable subheading for "BB 241," if imported in
quantities that fall within the limits described in additional
U.S. note 10 to chapter 4, will be 0404.90.3000, Harmonized
Tariff Schedule of the United States (HTS), which provides for
whey, whether or not concentrated or containing added sugar or
other sweetening matter; products consisting of natural milk
constituents, whether or not containing added sugar or other
sweetening matter, not elsewhere specified or included, other,
other, dairy products described in additional U.S. note 1 to
chapter 4, described in additional U.S. note 10 to chapter 4 and
entered pursuant to its provisions. The rate of duty will be
14.5 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 0404.90.5000, HTS, and
will be dutiable at US $1.259 per kilogram, plus 9 percent ad
valorem. In addition, products classified in subheading
0404.90.5000, 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,
Robert B. Swierupski
Director
National Commodity
Specialist Division