CLA-2-21:OT:RR:NC:N2:228
Mr. John Greenlee
John A. Steer Co.
28 South 2nd Street
Philadelphia, PA 19106
RE: The tariff classification of anhydrous milk fat blend from Australia, Chile, Mexico, or New Zealand
Dear Mr. Greenlee:
In your letter dated November 21, 2012 you requested a tariff classification ruling on behalf of Interfood, Inc.
A product specification accompanied your letter. The product is an anhydrous milk fat blend composed of approximately 99 percent anhydrous milk fat and 1 percent of either salt, sugar, vegetable oil, beta carotene, skim milk powder, butter milk powder, lactose, caseinate, or cocoa butter. The product is imported in 25 kg. boxes, 190 and/or 210 kg. drums, or 1,000 kg. totes, and is used as an ingredient in a variety of industrial food applications such as confectionery, ice cream, frozen desserts, and bakery.
The applicable subheading for the anhydrous milk fat blend will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included … other … other … other … containing over 10 percent by weight of milk solids … other, dairy products described in additional U.S. note 1 to chapter 4 … described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2106.90.6600, HTSUS, and dutiable at the rate of 70.4 cents per kilogram plus 8.5 percent ad valorem. In addition, products of New Zealand classified in subheading 2106.90.6600, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, HTSUS. Goods of Australia, Chile or Mexico classified in subheading 2106.90.6600, HTSUS, will not be subject to additional duties, as described in subheading 9904.04.59 to 9904.04.66, HTSUS.
Your inquiry does not provide enough information for us to give the application of trade programs or agreements determination for Chile, Mexico or Australia. For that we will require the country of origin of each ingredient that is contained in the anhydrous milk fat blend, and where the blending process occurs. At this time, the U.S. does not have a trade preference program in force with New Zealand.
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 the World Wide Web at http://www.usitc.gov/tata/hts/.
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division