CLA-2-19:OT:RR:NC:N5:231
Mr. Daniel Nava
Job Supply Inc. d/b/a DairySky Inc.
741 Baldwin Palm Avenue
Plantation, FL 33324
RE: The tariff classification of Sweetened Condensed Creamer from Malaysia
Dear Mr. Nava:
This replaces Ruling Number N348295, dated May 7, 2025, which contained a clerical error. The
classification listed in that document was erroneous. A complete corrected ruling follows.
In your letter dated April 26, 2025, you requested a tariff classification ruling.
The subject merchandise is DairySky® brand Sweetened Condensed Creamer. It is described as a thick and
light cream liquid composed of sugar, water, milk powders, palm oil, maltodextrin, carrageenan and
disodium phosphate (stabilizers), soy lecithin (emulsifier), plus vitamins B1, A, and D3. You state the milk
solids content is 7 percent. The Sweetened Condensed Creamer will be packed and imported for retail sale in
a can weighing 390 grams.
The applicable subheading for the Sweetened Condensed Creamer will be 1901.90.9195, Harmonized Tariff
Schedule of the United States (HTSUS), which provides for: “Food preparations of flour, groats, meal, starch
or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a
totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” The rate of duty will
be 6.4 percent ad valorem.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. Products of China, including Hong Kong
and Macau, will be assessed an additional ad valorem rate of duty of 125 percent. Products from all other
countries, including Malaysia, will be subject to an additional 10 percent ad valorem rate of duty. At the time
of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in
addition to subheading 1901.90.9195, HTSUS, listed above.
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 United States 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
E-mail: [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 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