The tariff classification of Sweetened Condensed Creamer from Vietnam

N265518 June 22, 2015 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Ms. Judy Awana Inter-Orient Services 1455 Monterey Pass Road – Suite 205 Monterey Park, CA 91754 RE: The tariff classification of Sweetened Condensed Creamer from Vietnam Dear Ms. Awana: In your letter dated June 2, 2015, you requested a tariff classification on behalf of Driftwood Dairy Inc., CA. A sample and product data sheet were submitted with your letter. The sample was examined and disposed of. Southern Star brand Sweetened Condensed Creamer is a thick, light cream liquid, composed of approximately 47 percent refined cane sugar, 27 percent water, 11 percent vegetable oil, 7 percent whey powder, 6 percent milk power, 2 percent lactose, and less than 1 percent of stabilizers and emulsifier, packed in a sealed, 380-gram tin can for retail sale. The applicable subheading for the Sweetened Condensed Creamer will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa … not elsewhere specified or included … other … other … other. The rate of duty will be 6.4 percent ad valorem. 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 ww.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 bruce.hadleyjr@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division