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NY B85304

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May 7, 1997

CLA-2-04:RR:NC:2:231 B85304

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.29.1000; 0402.29.5000

Mr. John Di Leo
Schenker International
1572 East Bolivar Avenue
Milwaukee, WI 53235

RE: The tariff classification of a dairy product from the United Kingdom.

Dear Mr. Di Leo:

In your letter, dated April 28, 1997, you requested a tariff classification ruling on behalf of your client, Hoogwegt U.S., Inc., Libertyville, IL.

The product, which is called, "White Crumb," is a yellow/creamy powdered dairy product that is comprised of full cream milk and sugar. The ingredients are 12.1-13.5 percent milk fat, 37.1-38.5 percent nonfat milk solids, and 46.2-47.6 percent sugar. The moisture content is 2.5 percent maximum. The manufacturing process includes concentration and vacuum drying. The applicable subheading for "White Crumb," 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 $1.202 per kilogram, plus 16.2 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 Part 177 of the Customs Regulations (19 CFR 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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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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