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NY B89948




October 7, 1997

CLA-2-04:RR:NC:2:231 B89948

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.29.1000; 0402.29.5000

Mr. Robert Tinkham
Chicago Sweeteners, Inc.
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 Australia; Article 509

Dear Mr. Tinkham:

In your letter, dated September 15, 1997, you requested a ruling on the status of a dairy product from Australia under the NAFTA.

The product is a whole milk blend with granulated sugar. The ingredients will be 95 percent whole milk powder (containing 26-28 percent butterfat) and 5 percent granulated sugar. The dairy product will be packaged in 50 pound, 100 pound, and 2,000 pound tote sacks. The mix will be used as an ingredient in the manufacture of confectionery products.

In your correspondence you indicate that the product will be blended in Canada from Australian whole milk powder, and granulated sugar that has been refined in Canada from raw sugar of a non-NAFTA country.

The applicable subheading for the whole milk blend with granulated sugar, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 0402.29.1000, 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 $1.202 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.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/4, HTSUSA. The product is considered Australian, and it will be charged against the Australian quota.

Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. 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 Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204

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 756
6505 Belcrest Road
Hyattsville, MD 20782

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,

Robert B. Swierupski
Director

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