The tariff classification of cream from Brazil.

NY I82820 August 19, 2002 CLA-2-04:RR:NC:2:231 I82820 CATEGORY: Classification TARIFF NO.: 0401.30.0500; 0401.30.2500 Mr. Robin Huff Global USA, Inc. 32 Broadway, Suite 1714 New York, NY 10004 RE: The tariff classification of cream from Brazil. Dear Mr. Huff: In your letter, dated May 29, 2002, you requested a tariff classification ruling on behalf of your client, Rainbow Trading, International, Framingham, MA. The merchandise is comprised of Parmalat® brand “Milk Cream - Table Cream,” packed in tins of 290 ml. An analysis by the U.S. Customs Laboratory at New York has determined the milk fat content of the product to be 23.26 percent. The applicable subheading for cream, if imported in quantities that fall within the limits described in additional U.S. note 5 to chapter 4, will be 0401.30.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for milk and cream, not concentrated nor containing added sugar or other sweetening matter, of a fat content, by weight, exceeding 6 percent, of a fat content, by weight, not exceeding 45 percent, described in additional U.S. note 5 chapter 4 and entered pursuant to its provisions. The rate of duty will be 3.2 cents per liter. If the quantitative limits of additional U.S. note 5 to chapter 4 have been reached, the product will be classified in subheading 0401.30.2500, HTS, and will be dutiable at 77.2 cents per liter. In addition, products classified in subheading 0401.30.2500, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.01 – 9904.04.08, HTS. Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable 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: 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 Thomas Brady at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division