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NY 863698

June 20, 1991



TARIFF NO.: 0402.29.0000 (9904.10.60)

Mr. Thomas Czubak
Warner-Lambert Company
201 Tabor Road
Morris Plains, NJ 07950

RE: The tariff classification of "WHITE CRUMB" from Finland.

Dear Mr. Czubak:

In your letter dated May 20, 1991, you requested a tariff classification ruling.

The product in question, in the form of a tan powder, is a dry mixture of sugar and milk with a milk fat content of about 10.5 percent. You state that you believe this product is classifiable as "sugar confectionery (including white chocolate)" in subheading 1704.90.40, Harmonized Tariff Schedule of the United States (HTS). We disagree. The White Chocolate classified under subheading 1704.90.40, HTS, is a finished product consisting of various proportions of sugar, milk and cocoa butter. "WHITE CRUMB" is an ingredient used in the production of milk chocolate products, and is not provided for under this subheading.

The applicable subheading for this "WHITE CRUMB" will be 0402.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Milk or 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:...Other. The rate of duty will be 17.5 percent ad valorem.

Articles classifiable in HTS subheading 0402.29.0000 are subject to quota quantity restrictions listed in subchapter IV of Chapter 99 in HTS subheading 9904.10.60, which limits the amount of such products which may be imported from all countries, as an aggregate, to an annual quota quantity of 2,721 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issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is withdrawn from warehouse or entered for consumption into the United States.

Questions regarding licensing procedures and applications for license to import cheese subject to quota should be addressed to:
Head, Dairy and Import Group
Dairy, Livestock and Poultry Division
Foreign Agricultural Service
U.S. Department of Agriculture
Washington, D.C. 20250

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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