NY 0863441 - The tariff classification of GOAT'S MILK, FLUID and POWDER, from New Zealand. - United States International Trade Commision Rulings

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NY 863441

May 23, 1991

CLA-2-04:S:N:N1:229

CATEGORY: CLASSIFICATION

TARIFF NO.: 0401.20.2000/0401.20.4000; 0402.21.4000 (9904.10.12)

Mr. Frank Gallucci, President
The Great Canadian Food Brokers, Ltd.
P.O. Box 8185, Station "F"
Calgary, Alberta Canada T2J 2V3

RE: The tariff classification of GOAT'S MILK, FLUID and POWDER, from New Zealand.

Dear Mr. Gallucci:

In your letter dated May 6, 1991, you requested a tariff classification ruling.

The product in question is described as pure GOAT'S MILK, to be imported in fluid and in powder form. Both products will be marketed under the brand name "Nanny Goat Lane". "Nanny Goat Lane" full cream New Zealand FLUID GOAT MILK is an Ultra High Temperature (UHT) pasteurized milk with a milk fat content, by weight, of from 3 to 3.3 percent, packaged in Tetra Brik Aseptic cartons, each holding one liter. "Nanny Goat Lane" full cream New Zealand GOAT MILK POWDER is a dried milk powder with a milk fat content, by weight, of 28.5 percent, packaged in tins of 450 grams each (about 15.87 ounces), net weight.

The applicable subheading for the FLUID GOAT'S MILK will be 0401.20, Harmonized Tariff Schedule of the United States (HTS), 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, this FLUID GOAT'S MILK is classifiable in subheading 0401.20.2000, HTS. The rate of duty will be 0.5 cents per liter. When 11,356,236 liters of milk have been entered in any calendar year, FLUID GOAT'S MILK is classifiable in subheading 0401.20.4000, HTS, as Other milk entered outside the tariff rate quota. The rate of duty will be 1.7 cents per liter.

The applicable subheading for GOAT'S MILK POWDER will be 0402.21.4000, 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:...Not containing added sugar or other sweetening matter:...Of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent. The rate of duty will be 6.8 cents per kilogram.

Articles classifiable in HTS subheading 0402.21.4000 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.12, which limits the amount of such products which may be imported into the United States to an annual quota quantity of 3,175 kilograms. Addi- tionally, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States.

Questions regarding licensing procedures and applications for license to import milk powder subject to quota should be addressed to:

Head, Dairy and Import Group
Dairy, Livestock and Poultry Division Foreign Agricultural Service U.S. Department of Agriculture
Washington, D.C. 20250

Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. 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, D.C. 20204

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 756
6505 Belcrest Road
Hyattsville, MD 20782

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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