CLA-2-04:OT:RR:NC:N2:231
Mr. Fernando Salomon
Superior International Trading, LC
13155 SW 134th Street (Suite 105)
Miami, FL 33186
RE: The tariff classification of unsweetened condensed milk from Lithuania.
Dear Mr. Salomon:
In your letter dated March 2, 2015 you requested a tariff classification ruling.
The merchandise in question is described as unsweetened condensed milk (also known as evaporated milk) packed in 320- or 410-gram cans. A submitted technical data sheet indicates that this fluid product contains approximately 8% milk fat, 18% nonfat milk solids and 74% water.
The applicable subheading for the above-described unsweetened condensed milk, if entered under quota, will be 0402.91.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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 the above-described unsweetened condensed milk, if entered after the quota has closed, will be 0402.91.7000, HTSUS, 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 31.3 cents per kilogram. Further, goods entered under subheading 0402.91.7000, HTSUS, will be subject to additional safeguard duties based on their value, as set forth in subheadings 9904.05.02—9904.05.08, HTSUS.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location:
USDA
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 851-3300
Email: [email protected]
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug
Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 Nathan Rosenstein at the email address [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division