NY 0864715 - The tariff classification of canned CREAM from New Zealand. - United States International Trade Commision Rulings

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NY 864715

July 5, 1991

CLA-2-04:S:N:N1:229-864715

CATEGORY: CLASSIFICATION

TARIFF NO.: 0401.30.1000 (9904.10.03)

Mr. Richard Lytle
Technical Operations Manager
Nestle Specialty Products Division
Nestle Foods Corporation
100 Manhattanville Road
Purchase, NY 10577

RE: The tariff classification of canned CREAM from New Zealand.

Dear Mr. Lytle:

In your letter dated June 24, 1991, you requested a tariff classification ruling.

The product in question is described as dairy cream, produced and processed in New Zealand, and having a butterfat content of 21 percent by weight. A sample of the product, labeled "Nestle Reduced Cream", consists of a liquid cream hermetically sealed in metal tins, each holding 250 grams (about 8.8 ounces), net. This product contains very small amounts of carrageenan, sodium alginate, and disodium phosphate added as stabilizers and acidity regulators.

The applicable subheading for this canned CREAM will be 0401.30.1000, 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 6 percent:...Of a fat content, by weight, not exceeding 45 percent:...Described in additional U.S. note 1(a) to this chapter. The rate of duty will be 3.2 cents per liter for the first 5,678,118 liters of fluid and sweet or sour cream entered under subheading 0401.30.10 and subheading 0403.90.10, combined, in any calendar year.

Articles classifiable in HTS subheading 0401.30.1000 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.03, which limits the amount of milk or cream, fluid or frozen, fresh or sour, containing over 6 but not over 45 percent by weight of butterfat, which may be imported into the United States, to an annual quota quantity of 5,678,117 liters. This entire quota quantity has been allocated to New Zealand. Accordingly, only product of New Zealand origin may be imported into the United States.

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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