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NY 808227

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April 17, 1995

CLA-2-04:S:N:N7:231 808227

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.29.1000

Mr. George Kampouris
G. Van Kam Trading Company Ltd.
4920 De Maisonneuve W., #11
Montreal, Quebec H3Z 1N1
Canada

RE: The tariff classification of dry whole milk and nonfat dry milk from Australia, Belgium, Canada, the Netherlands, and Poland.

Dear Mr. Kampouris:

In your letter, dated March 16, 1995, you have requested a tariff classification ruling.

The merchandise consists of the following four products:

1) SDWM 9010-23/27 - a dry blend of dry whole milk (90 percent by weight) and sugar (10 percent by weight).

2) SDWM 9505-24/28 - a dry blend of dry whole milk (95 percent by weight) and sugar (5 perent by weight).

3) SHWM 9010-06/07 - a dry blend of nonfat dry milk (67 percent by weight), dry whole milk (23 percent by weight), and sugar (10 percent by weight).

4) SHWM 9505-06/07 - a dry blend of nonfat dry milk (72 percent by weight), dry whole milk (23 percent by weight), and sugar (10 percent by weight).

These products will be used as ingredients for the manufacture of confectionary goods and other foods.

The applicable subheading for the dry blends of dry whole milk (SDWM 9010-23/27 and SDWM 9505-24/28), and the dry blends of nonfat dry milk (SHWM 9010-06/07 and SHWM 9505-06/07), 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 $1.266 per kilogram plus 17.1 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 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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See also:

• Tariff No.: 0402.29.10 - Milk & cream, concen, sweetened, in powder, granules or other solid forms, w/fat content o/1.5%, subject to add. US note 10 to Ch.4
• Tariff No.: 0402.29.50 - Milk & cream, concen, sweetened, in powder, granules or other solid forms, w/fat content o/1.5%, not subj to GN15 or Ch4 US note 10
• Tariff No.: 9904.04.50 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe. period, under $0.65/kg
• Tariff No.: 9904.05.01 - Dairy prod. in Ch. 4 addl US note 1, in 2202.90.28 entered in quantity safeguard period