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NY 857231




October 26, 1990

CLA-2-04:S:N:N1:229

CATEGORY: CLASSIFICATION

TARIFF NO.: 0403.90.8090

Mr. John J. Allen
The AllenWitte Company, Inc.
3418 Windridge Drive
Garland, TX 75043

RE: The tariff classification of cultured milk product from Canada.

Dear Mr. Allen:

In your letter dated October 16, 1990, you requested a tariff classification ruling on behalf of the Dannon Company of White Plains, New York.

The product in question is a cultured milk product which will be made from a combination of 40 percent cultured nonfat yogurt and 60 percent cultured skim milk which has been fortified with non fat milk solids. This mixture will be produced in both flavored and unflavored varieties. The flavored varieties, designated "Garden Salad" and "French Onion", will contain six to eight percent, by weight, of flavoring in the finished product. "Garden Salad" will contain salt, sugar, onion, garlic, bell pepper, carrots, parsley, spices, coloring, and small amounts of a few other ingredients. "French Onion" will contain onions, salt, sugar, hydrolyzed vegetable protein, autolyzed yeast, lemon juice solids, citric acid, and natural flavors. This cultured milk product will have a milk fat content, by weight, of about 0.25 percent, milk solids-non-fat of about 15.345 percent, and total solids of about 16 percent, with the balance moisture. The product will be imported, refrigerated, in both 8 ounce and 16 ounce containers from Canada for use in market evaluation studies in the United States.

The applicable subheading for this cultured milk product will be 0406.90.8090, Harmonized Tariff Schedule of the United States (HTS), which provides for Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavored or containing added fruit, nuts or cocoa:...Other:...Other...Other:...Other. The rate of duty will be 20 percent ad valorem.

Importations of these products are subject to import regulations administered by various U.S. agencies. 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, D.C. 20204

Information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that Agency at the following location:
U.S. Department of Agriculture
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 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.

Sincerely,

Jean F. Maguire
Area Director

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