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NY A84011

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June 11, 1996

CLA-2-04:RR:NC:FC:231 A84011

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.29.1000; 0402.29.5000

Mr. Robert Tinkham
Chicago Sweeteners, Incorporated
1700 Higgins Road, Suite 610
Des Plaines, IL 60018

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a dairy product from Canada; Article 509

Dear Mr. Tinkham:

In your letter, dated May 23, 1996, you requested a ruling on the status of a dairy product from Canada under the NAFTA.

The ingredients of the dairy product will be 93 percent skim milk powder, 5 percent lactose, and 2 percent butterfat. The skim milk powder and the butterfat are sourced from Canada; the lactose is sourced from the United States. The product will have several applications in the confectionery and dairy industries.

The applicable subheading for the dairy product, 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 general 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 products will be classified in subheading 0402.29.5000, HTS, and will be dutiable at US $1.234 per kilogram, plus 16.6 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.

The dairy product, being wholly obtained or produced entirely in the territory of Canada and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 3.5 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 CFR 181).

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

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.: 0402.29.10 - 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