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NY 800674





August 19, 1994

CLA-2-04:S:N:N7:231 800674

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.91.2000; 9906.04.26; 9906.04.27; 9906.04.28

Mr. Alfredo Calvart
Nestle Puerto Rico, Inc.
P.O. Box 364565
San Juan, PR 00936-4565

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of evaporated milk from Mexico; Article 509

Dear Mr. Calvart:

In your letter, dated July 13, 1994, you requested a ruling on the status of evaporated milk from Mexico under the NAFTA.

The submitted sample is a can of "Gloria" brand evaporated milk. The ingredients are fresh milk, carrageen, disodium phosphate, and vitamins A and D3. The net weight is 410 grams. All of the processing and manufacturing of the finished product will be done in Mexico.

The applicable tariff provision for the evaporated milk will be 0402.91.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for milk and cream, concentrated or containing added sugar or other sweetening matter, other, not containing added sugar or other sweetening matter, in airtight containers. The general rate of duty will be 2.2 cents per kilogram.

Each of the non-originating materials used to make the evaporated milk has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)(4). Upon compliance with all applicable laws, regulations, and agreements under NAFTA, articles from Mexico classifiable in subheading 0402.91.2000, HTS, are subject to the quota quantity restrictions listed in 9906.04.26, HTS, which limit the amount of evaporated milk to the quantitative limits specified in U.S. Note 7 to Subchapter VI of Chapter 99. The rate of duty will be free.

Alternately, articles valued not over 35.7 cents per kilogram are classifiable in subheading 9906.04.27, HTS. The rate of duty will be 26.8 cents per kilogram.

Otherwise, articles valued over 35.7 cents per kilogram are classifiable in subheading 9906.04.28, HTS. The rate of duty will be 75.2 percent ad valorem.

Importations of these products 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 Adminisration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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