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NY C82115

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December 8, 1997

CLA-2-04:RR:NC:2:231 C82115

CATEGORY: CLASSIFICATION

TARIFF NO.: 0401.30.0500; 0401.30.2500

Mr. Louis Marino
Schratter Foods Incorporated
72 Summit Avenue
Montvale, NJ 07645

RE: The tariff classification of cream from France.

Dear Mr. Marino:

In your letter, dated November 24, 1997, you have requested a tariff classification ruling.

The product is called, "Elle and Vire UHT Whipping Cream - 35.1 Percent." "35.1 Percent" indicates the fat content by weight. The ingredients include 35.1 percent cream (made from cow's milk), and 0.015 percent carrageenan. The submitted samples are one liter cartons. They will be packed six per case.

The cream will be sold to institutional markets such as the food service and catering industries for cooking and whipping. The product is ready to use, and it does not require further processing.

The applicable subheading for "Elle and Vire UHT Whipping Cream - 35.1 Percent," if imported in quantities that fall within the limits described in additional U.S. note 5 to chapter 4, will be 0401.30.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for milk and cream, not concentrated nor containing added sugar or other sweetening matter, of a fat content, by weight, exceeding 6 percent, of a fat content, by weight, not exceeding 45 percent, described in additional U.S. note 5 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 3.2 cents per liter. If the quantitative limits of additional U.S. note 5 to chapter 4 have been reached, the product will be classified in subheading 0401.30.2500, HTS, and will be dutiable at 84 cents per liter. In addition, products classified in subheading 0401.30.2500, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.01 - 9904.04.08, HTS.

Importations of this product are subject to import regulations administered by various U.S. agencies. Requests for 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

Requests for information regarding labelling 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

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,

Robert B. Swierupski
Director

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See also:

• Tariff No.: 0401.30.05 - Milk and cream, not concentrated, not sweetened, fat content o/6% but not o/45%, subject to add. US note 5 to Ch. 4
• Tariff No.: 0401.30.25 - Milk and cream, not concentrated, not sweetened, fat content o/6% but not o/45%, not subject to gen. nte 15 or add. nte 5 to Ch. 4
• Tariff No.: 9904.04.01 - Milk & cream, w/over 6% but n/over 45% butterfat, in 0401.30.25 & 0403.90.16 entered in value safeguard period, under $0.20/liter
• Tariff No.: 9904.04.08 - Milk & cream, w/over 6% but n/over 45% butterfat, in 0401.30.25 & 0403.90.16 entered in quantity safeguard period