The tariff classification of food ingredients from Argentina, Australia, Belgium, Canada, Denmark, France, Germany, Great Britain, Holland, Hungary, Ireland, Israel, Lithuania, Mexico, Poland, New Zealand, or Sweden.

NY H80030 May 17, 2001 CLA-2-21:RR:NC:2:228 H80030 CATEGORY: Classification TARIFF NO.: 2106.90.6400, 2106.90.6600 Mr. Daniel J. Spaeth Agri-Dairy Products, Inc. Harrison Executive Park 3020 Westchester Avenue Purchase, NY 10577 RE: The tariff classification of food ingredients from Argentina, Australia, Belgium, Canada, Denmark, France, Germany, Great Britain, Holland, Hungary, Ireland, Israel, Lithuania, Mexico, Poland, New Zealand, or Sweden. Dear Mr. Spaeth: In your letters dated May 8, 2001, you requested a tariff classification ruling. Ingredients breakdowns for two articles accompanied your letter. The first product is a blend of 95 percent anhydrous milk fat and 5 percent salt, the second is a blend of 95 percent anhydrous milk fat and 5 percent sugar. The blends are used as ingredients in the production of confectionery and cheese food products. The applicable subheading for the anhydrous milk fat blends, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, and when a product of Argentina, Australia, Belgium, Canada, Denmark, France, Germany, Great Britain, Holland, Hungary, Ireland, Israel, Lithuania, Poland, New Zealand, or Sweden, will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...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, or when the blends are products of Mexico, the products will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 70.4 cents per kilogram plus 8.5 percent ad valorem. In addition, products of Argentina, Australia, Belgium, Denmark, France, Germany, Great Britain, Holland, Hungary, Ireland, Israel, Lithuania, Poland, New Zealand, or Sweden, classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66, HTS. Goods of Mexico, classifiable in subheading 2106.90.6600, HTS, entered under the terms of general note 12, HTS, and imported in quantities that fall within the quantitative limits described in note 7 to subchapter 6 of chapter 99 HTS, will be free of duty pursuant to subheading 9906.21.37. If the quantitative limits of note 7 to subchapter 6 of chapter 99 have been reached, and if the product is valued 74.8 cents or less per kilogram, it will be dutiable at the rate of 14.1 cents per kilogram in subheading 9906.21.38, HTS. If valued over 74.8 cents per kilogram, the rate of duty will be 18.8 percent ad valorem, pursuant to subheading 9906.21.39, HTS. Articles classifiable under subheading 2106.90.6400, HTS, which are products of Israel, are entitled to duty free treatment under the United States-Israel Free Trade Area Implementation Act of 1985, upon compliance with all applicable regulations. 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 Stanley Hopard at 212-637-7065. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division