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NY C82732

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January 6, 1998

CLA-2-04:RR:NC:2:231 C82732

CATEGORY: CLASSIFICATION

TARIFF NO.: 0405.90.1020; 0405.90.2020

Mr. Steve De Castro
All-Ways Forwarding International, Inc.
Hemisphere Center
U.S. Routes 1 and 9 South
Newark, NJ 07114

RE: The tariff classification of ghee from India.

Dear Mr. De Castro:

In your letter, dated December 12, 1997, you have requested a tariff classification ruling on behalf of your client, Kanan Group USA.

The product, "Amul Pure Ghee," is anhydrous milk fat. It is comprised of 99.7 percent milk fat.

The applicable subheading for the anhydrous milk fat, "Amul Pure Ghee," if imported in quantities that fall within the limits described in additional U.S. note 14 to chapter 4, will be 0405.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for butter and other fats and oils derived from milk; dairy spreads, other, described in additional U.S. note 14 to chapter 4 and entered pursuant to its provisions, anhydrous milk fat. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 14 to chapter 4 have been reached, the product will be classified in subheading 0405.90.2020, HTS, and will be dutiable at US $1.975 per kilogram, plus 9 percent ad valorem. In addition, products classified in subheading 0405.90.2020, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.37 - 9904.05.47, HTS.

An import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States.

Questions regarding licensing procedures and applications for licenses to import dairy products subject to quota should be addressed to: U.S. Department of Agriculture Foreign Agricultural Service Import Policies and Trade Analysis Division Att: Dairy Import Group, Rm. 5531, So. Bldg. Washington, DC 20250-1000

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.: 0405.90.10 - Fats and oils derived from milk, other than butter or dairy spreads, subject to quota pursuant to chapter 4 additional US note 14
• Tariff No.: 0405.90.20 - Fats and oils derived from milk, other than butter or dairy spreads, not subject to gen note 15 and excess of quota in ch 4 add US note 14
• Tariff No.: 9904.05.37 - Butter substitutes > 45% butterfat, in 0405.00.90, 2106.90.26 & 2106.90.36, entered in value safeguard period, under $0.60/kg
• Tariff No.: 9904.05.47 - Butter substitutes > 45% butterfat, in 2106.90.26 & 2106.90.36, entered in quantity safeguard period