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NY E88491




October 21, 1999

CLA-2-04:RR:NC:2:231 E88491

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.21.3000; 0402.21.5000; 0402.21.7500; 0402.21.9000

Mr. Christian Emmanuel
Cemma International, Inc.
4829, avenue Rosedale
Montreal, Quebec H4V 2H3

RE: The tariff classification of high free fat, whole milk powder and high fat milk powder from Canada and the European Union.

Dear Mr. Emmanuel:

In your letter, dated September 28, 1999, you requested a classification ruling on behalf of your client Le Groupe Lactel, Boucherville, Quebec.

The merchandise is described thus:

1. Spray dried, whole milk powder with high free fat content (product code 100224) contains 40 percent lactose, 26.6 percent fat (of which 80 percent is free fat), 25 percent protein, and 2.75 percent moisture. 2. Spray dried, high fat milk powder (product code 100225) contains 50 percent fat, 27 percent lactose, 16.5 percent protein, 4 percent ash, and 2.5 percent moisture.

Both items will be packed in 20-25 kilogram poly lined paper bags and/or tote bags of 1,000 kilograms. They will be sold to agri-food manufacturing companies as raw material or food ingredients, and they will be used in the production of various kinds of milk chocolate and white chocolate (blocks, coating, and flakes).

The applicable subheading for spray dried, whole milk powder with high free fat content (product code 100224, item #1 listed above), if entered under quota, will be 0402.21.3000, 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, not containing added sugar or other sweetening matter, of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent, described in additional U.S. note 8 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 6.8 cents per kilogram.

The applicable subheading for spray dried, whole milk powder with high free fat content (product code 100224, item #1), if entered outside the quota, will be 0402.21.5000, 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, not containing added sugar or other sweetening matter, of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent, other. The general rate of duty will be $1.124 per kilogram. In addition, products classified in subheading 0402.21.5000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.31 – 9904.04.39.

The applicable subheading for spray dried, high fat milk powder (product code 100225, item #2 listed above), if entered under quota, will be 0402.21.7500, 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, not containing added sugar or other sweetening matter, other, described in additional U.S. note 9 to this chapter and entered pursuant to its provisions. The general rate of duty will be 13.7 cents per kilogram.

The applicable subheading for spray dried, high fat milk powder (product code 100225, item #2), if entered outside the quota, will be 0402.21. 9000, 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, not containing added sugar or other sweetening matter, other, other. The general rate of duty will be $1.602 per kilogram. In addition, products classified in subheading 0402.21.9000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.40 – 9904.04.49.

For goods classified in subheadings 0402.21.3000 or 0402.21.7500, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time that 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:

Import Quota Manager for Dairy Products
STOP 1029/Room 5531-S
U.S. Department of Agriculture
1400 Independence Avenue, S.W.
Washington, DC 20250-1029

Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. Requests for 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

Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

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 177 of the Customs Regulations (19 C.F.R. 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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