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NY 815608

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October 27, 1995

CLA-2-04:R:N2:231 815608

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.21.3000; 0402.21.5000

Mr. Stephen Bianchi
All-Ways Forwarding International, Inc.
Hemisphere Center
U.S. Routes 1 and 9 South
Newark, NJ 07114

RE: The tariff classification of goat milk powder from Norway.

Dear Mr. Bianchi:

In your letter, dated October 6, 1995, you have requested a tariff classification ruling on behalf of your client, Norseland Foods, Inc.

The product is goat milk powder. It is made from pasteurized, whole goat milk, and it undergoes the processes of vacuum evaporation and spray drying. The color of the powder is white to yellow-white. In your correspondance you state that the ingredients will be lactose (26-38 percent), fat (26-30 percent), protein (24-26 percent), ash (6-8 percent), and moisture (3.5 percent).

The applicable subheading for the goat milk powder, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 4, will be 0402.21.3000, 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, not containing added sugar or other sweetening matter, of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent, described in additional U.S. note 8 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 6.8 cents per kilogram. If the quantitative limits of additional U.S. note 8 to chapter 4 have been reached, the product will be classified in subheading 0402.21.5000, HTS, and will be dutiable at US $1.253 per kilogram. In addition, products classified in subheading 0402.21.5000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.31 - 9904.04.39, HTS.

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 licenses to import milk subject to quota should be addressed to:

U.S. Department of Agriculture
Foreign Agricultural Service
Import Policies and Trade Analysis Division Att: Dairy Import Group, Rm. 5531, So. Bldg. Washington, DC 20250-1000

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

Roger J. Silvestri
Director

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See also:

• Tariff No.: 0402.21.30 - Milk & cream, concen, not sweetened, in powder/granules/oth solid forms, fat cont o/3% but not o/35%, subj to Ch 4 US note 7
• Tariff No.: 0402.21.50 - Milk & cream, concen, not sweetened, in powder/granules/oth solid forms, fat cont o/3% but not o/35%, not subj to GN15 or Ch 4 US.S. note 7
• Tariff No.: 9904.04.31 - Dried milk & cream, w/ or w/o sugar or sweetening matter in 0402.21.50 or 0403.90.55, entered in value safeguard period, under $0.15/kg
• Tariff No.: 9904.04.39 - Dried milk & cream, w/ or w/o sugar or sweetening matter in 0402.21.50 or 0403.90.55, entered in quantity safeguard period