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NY 800801




August 30, 1994

CLA-2-04:S:N:N7:231 800801

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.10.0010; 9906.04.07; 9906.04.08; 9906.04.09

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 skimmed milk from Mexico; Article 509

Dear Mr. Calvart:

In your letter, dated June 22, 1994, you requested a ruling on the status of skimmed milk from Mexico under the NAFTA.

The submitted sample is a can of "Svelty" brand skimmed milk. The ingredients are fresh milk solids, milk fat, soy bean lecithin, and water. The net weight is 360 grams. All of the processing and manufacturing of the finished product will be done in Mexico.

The applicable tariff provision for "Svelty" will be 0402.10.0010, 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, not exceeding 1.5 percent, provided for in subheading 9904.10.09. The general rate of duty will be 3.3 cents per kilogram.

"Svelty," being wholly obtained or produced entirely in the territory of Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. Upon compliance with all applicable laws, regulations, and agreements under NAFTA, articles from Mexico classifiable in subheading 0402.10.0010, HTS, are subject to the quota quantity restrictions listed in 9906.04.07, HTS, which limit the amount of dried milk to the quantitative limits specified in U.S. Note 6 to Subchapter VI of Chapter 99. The rate of duty will be free.

Alternately, articles valued not over $1.26 per kilogram are classifiable in subheading 9906.04.08, HTS. The rate of duty will be 88.7 cents per kilogram.

Otherwise, articles valued over $1.26 per kilogram are classifiable in subheading 9906.04.09, HTS. The rate of duty will be 70.2 percent ad valorem.

Importations of this product 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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