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NY 861292

March 13, 1991



TARIFF NO.: 0402.21.4000 (9904.10.12)

Mr. Michael E. Evnin
Vermont House, Suite 505
131 Main Street
Burlington, VT 05401

RE: The tariff classification of POWDERED WATER BUFFALO MILK from India.

Dear Evnin:

In your letter dated March 7, 1991, you requested a tariff classification ruling.

The product in question is described as dried water buffalo milk to be imported in powder form from India. You state that the milk fat content of this product is about 26 percent by weight. This product is to be imported for use, with domestic cow's milk, in the production of cheese.

The applicable subheading for the POWDERED WATER BUFFALO MILK will be 0402.21.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Milk and cream, concentrated or containing added sugar or other sweetening matter:...In powder, granules or other solid forms, of a fat content, by weight, exceeding 1.5 percent:...Not containing added sugar or other sweetening matter:...Of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent. The rate of duty will be 6.8 cents per kilogram.

Articles classifiable in HTS subheading 0402.21.4000 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.12, which limits the amount of such products which may be imported from other countries (including India) to an annual quota quantity of 3,175 kilograms. Additionally, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is withdrawn from warehouse or entered for consumption into the United States.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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