The tariff classification of dairy products from Greece.

NY C88418 June 4, 1998 CLA-2-04:RR:NC:2:231 C88418 CATEGORY: Classification TARIFF NO.: 0403.10.9000; 1901.90.4200; 1901.90.4300 Mr. George Likitsakos Likitsakos Market 1174 Lexington Avenue New York, NY 10028 RE: The tariff classification of dairy products from Greece. Dear Mr. Likitsakos: In your letter, dated May 15, 1998, you have requested a tariff classification ruling. The products are described thus: 1. The submitted sample, labelled, "Number One," is comprised of strained yogurt made from pasteurized, homogenized, fresh cow's milk. It contains 8 percent fat. 2. The submitted sample, labelled, "Number Two," is strained yogurt from pasteurized, homogenized, fresh cow's milk. It contains 3 percent fat. 3. Sample "Number Three" is comprised of dessert yogurt containing vegetable fat and skim milk. The applicable subheading for the strained yogurt products (items 1 and 2 above) will be 0403.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavored or containing added fruit, nuts or cocoa, yogurt, other. The rate of duty will be 18 percent ad valorem. The applicable subheading for the dessert yogurt containing vegetable fat and skim milk (item 3), if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 1901.90.4200, HTS, which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa...not elsewhere specified or included...other, dairy products described in additional U.S. note 1 to chapter 4, dairy preparations containing over 10 percent by weight of milk solids, described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 16 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 1901.90.4300, HTS, and will be dutiable at US $1.096 per kilogram, plus 14.4 percent ad valorem. In addition, products classified in subheading 1901.90.4300, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 - 9904.05.01, HTS. Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. Requests for information regarding labeling regulations administered by the U.S. Food and Drug Administration may be addressed to that agency at the following location: U.S. Food and Drug Administration Division of Regulatory Guidance HFF 314, 200 C Street, S.W. Washington, DC 20204 Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location: U.S. Department of Agriculture A.P.H.I.S., Veterinary Services Federal Building, Room 756 6505 Belcrest Road Hyattsville, MD 20782 This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division