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July 30, 1999

CLA-2-04:RR:NC:2:231 E85272

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.91.1000; 0402.91.7000

Ms. Margaret Eckert
CMA German Agricultural Marketing Board
34-33 59th Street
Woodside, NY 11377

RE: The tariff classification of evaporated milk from Germany.

Dear Ms. Eckert:

In your letter, dated July 27, 1999, you have requested a tariff classification ruling on behalf of your client, TURM-Sahne GmbH, Oldenburg, Germany.

The merchandise consists of TURM's "Family" brand evaporated milk, a sterile milk product packed in glass bottles with aluminum caps. The ingredients listed are evaporated milk, vitamin-fortified and with a milk fat content of 7.5 percent, and a stabilizer. The glass containers are available in different sizes, listed by weight capacity as follows: 100 grams, 200 grams, 250 grams and 500 grams. A sample of the 250 gram bottles contained 235 milliliters of product. Alternatively, this evaporated milk will be packaged aseptically, under the "TURM" brand, in a "Tetrabrik" carton holding 1,000 grams (939 milliliters).

The second product is described as a "TURM" brand "part skim evaporated milk," packed in bottles in the 100 gram size (individual bottles or 3-packs) or in "Tetrabrik" cartons of 1,000 grams (939 milliliters). "Part skim evaporated milk" has a fat content of 4 percent.

The applicable subheading for evaporated milk and partly skimmed evaporated milk, if entered under quota, will be 0402.91.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for milk and cream, concentrated or containing added sugar or other sweetening matter, other, not containing added sugar or other sweetening matter, described in additional U.S. note 11 to chapter 4 and entered pursuant to its provisions, in airtight containers. The rate of duty will be 2.2 cents per kilogram.

The applicable subheading for evaporated milk and partly skimmed evaporated milk, if entered outside of quota, will be 0402.91.7000, HTS, which provides for milk and cream, concentrated or containing added sugar or other sweetening matter, other, not containing added sugar or other sweetening matter, other, in airtight containers. The rate of duty will be 32.2 cents per kilogram. In addition, products classified in subheading 0402.91.7000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.02 - 9904.05.19, HTS.

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. 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 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 Thomas Brady at (212) 637-7064.

Sincerely,

Robert B. Swierupski
Director

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