CLA-2-04:OT:RR:NC:N2:231
Mr. Paul Hatziiliades
Extra Virgin Foods Inc.
71 Arlington Street
Watertown, MA 02472
RE: The tariff classification of Butter from Greece
Dear Mr. Hatziiliades:
In your letter dated November 30, 2022, you requested a tariff classification ruling.
The subject merchandise is Sheep’s Milk Butter. You state that the breakdown of component materials by weight are 85 percent milk fat, 13 percent water, and 2 percent milk solids-not-fat content. The manufacturing process consists of the liquefied milk fat undergoing concentration, pasteurization, blending (lactic culture), and a secondary pasteurization. The Sheep’s Milk Butter will be sold in retail sized packaging with a net weight of 14 ounces.
The applicable subheading for the Sheep’s Milk Butter, if entered under quota, will be 0405.10.1000, Harmonized Tariff Schedule of the United States, which provides for: “Butter and other fats and oils derived from milk; dairy spreads: Butter: Described in additional U.S. note 6 to this chapter and entered pursuant to its provisions.” The rate of duty will be 12.3 cents per kilogram.
Imports under subheading 0405.10.1000, HTSUS, require an import license in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities subject to USTR approval.
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
U.S. Department of Agriculture
Stop 1029
1400 Independence Avenue, SW
Washington, DC 20250-1029
Tel: (202) 720-1344
The applicable subheading for the Sheep’s Milk Butter, if entered outside the quota, will be 0405.10.2000, HTSUS, which provides for: “Butter and other fats and oils derived from milk; dairy spreads: Other.” The rate of duty will be $1.541 per kilogram. Also, products classified in subheading 0405.10.2000, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.09-9904.04.21.
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 https://hts.usitc.gov/current.
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) 734-3277
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 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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division