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NY H85620




November 9, 2001

CLA-2-04:RR:NC:2:231 H85620

CATEGORY: CLASSIFICATION

TARIFF NO.: 0405.90.1020; 0405.90.2020

Mr. John Goold
Total Quality Milk Pty Limited
P.O. Box 146
Deloraine, Tasmania 7304
Australia

RE: The tariff classification of anhydrous milk fat from Australia.

Dear Mr. Goold:

In your letter, dated October 23, 2001, you requested a tariff classification ruling.

The merchandise is comprised of anhydrous milk fat (AMF). The ingredients are 99.8 percent milk fat, less than 0.5 percent free fatty acids, less than 0.2 percent moisture, and less than 0.05 percent curd. AMF is prepared by the separation of raw milk to a fat content of 70 percent, homogenization, and the further concentration of the oil. It is packed in 1,000 kilogram bags and then in boxes (totes). This product will be used by American manufacturers in the production of ice cream.

The applicable subheading for anhydrous milk fat, if entered under quota, 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.

The applicable subheading for anhydrous milk fat, if entered outside the quota, will be 0405.90.2020, HTS, which provides for butter and other fats and oils derived from milk; dairy spreads, other, other, anhydrous milk fat. The rate of duty will be $1.865 per kilogram, plus 8.5 percent ad valorem. In addition, products classified in subheading 0405.90.2040, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.05.37 – 9904.05.47.

For goods classified in subheading 0405.90.1020, 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 locations:

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 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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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