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NY I82820

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August 19, 2002

CLA-2-04:RR:NC:2:231 I82820

CATEGORY: CLASSIFICATION

TARIFF NO.: 0401.30.0500; 0401.30.2500

Mr. Robin Huff
Global USA, Inc.
32 Broadway, Suite 1714
New York, NY 10004

RE: The tariff classification of cream from Brazil.

Dear Mr. Huff:

In your letter, dated May 29, 2002, you requested a tariff classification ruling on behalf of your client, Rainbow Trading, International, Framingham, MA.

The merchandise is comprised of Parmalat® brand “Milk Cream - Table Cream,” packed in tins of 290 ml. An analysis by the U.S. Customs Laboratory at New York has determined the milk fat content of the product to be 23.26 percent.

The applicable subheading for cream, 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 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 77.2 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 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 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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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