CLA-2-04:OT:RR:NC:N2:231
Mr. Ryan P. Newell
Ambrosia Labs
1156 S. State St. (Suite 201)
Orem, UT 84097-8235
RE: The tariff classification of human milk from Cambodia.
Dear Mr. Newell:
In your letter dated August 10, 2015, you requested a tariff classification ruling.
The product in question is human milk (breast milk) that will be imported in frozen condition in 10-ounce bags. As imported, it will be unprocessed and without any additives. You state that following importation, it will be processed in the United States and sold as a food item for infants and as a nutritional supplement for bodybuilders.
The applicable subheading for the above-described frozen milk, if entered while the tariff-rate quota is open, will be 0401.20.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for milk and cream, not concentrated nor containing added sugar or other sweetening matter: of a fat content, by weight, exceeding 1 percent but not exceeding 6 percent: for not over 11,356,236 liters entered in any calendar year. The duty rate will be 0.43 cents per liter.
Articles classifiable under subheading 0401.20.2000, HTSUS, which are products of Cambodia may be entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP”.
The applicable subheading for the above-described frozen milk, if entered after the quantitative limit of the aforementioned tariff-rate quota has been exceeded, will be 0401.20.4000, HTSUS, which provides for milk and cream, not concentrated nor containing added sugar or other sweetening matter: of a fat content, by weight, exceeding 1 percent but not exceeding 6 percent: other. The rate of duty will be 1.5 cents per liter.
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 product may be subject to rules and regulations administered by the agencies indicated below. We recommend that you contact them at the following locations for further information and guidance on how to comply with any documentary, labeling and/or other requirements they may have:
U.S. Department of Health & Human Services
Centers for Disease Control and Prevention (CDC)
1600 Clifton Road
Atlanta, GA 30329-4027
Tel: (800) CDC-INFO
Email: [email protected]
U.S. Department of Agriculture (USDA)
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: (301) 851-3300
Email: [email protected]
This product is also 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