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NY B85847

June 6, 1997

CLA-2-04:RR:NC:2:231 B85847


TARIFF NO.: 0402.21.3000; 0402.21.5000

Mr. Eugene Brown
Brown's Feeds Ltd.
R.R. #1
Clive, Alberta TOC OYO

RE: The tariff classification of dried bovine colostrum from Canada.

Dear Mr. Brown:

In your letter, dated May 5, 1997, you have requested a tariff classification ruling.

The product is called, "Headstart Bovine Dried Colostrum." It is comprised of spray dried, first and second milking colostrum from multiparous dairy cows. The ingredients are 54.8 percent protein, 19.7 percent fat, 14.8 percent lactose, 5 percent moisture, 0.01 percent sodium benzoate as a preservative, and bovine immunoglobulins (antibodies) G, M, and A. When added to water, it is used to feed newborn calves in order to provide passive transfer of antibodies.

The applicable subheading for "Headstart Bovine Dried Colostrum," if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 4, will be 0402.21.3000, 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, described in additional U.S. note 8 to chapter 4 and entered pursuant to its provisions, in airtight containers. The general rate of duty will be 6.8 cents per kilogram. If the quantitative limits of additional U.S. note 8 to chapter 4 have been reached, the product will be classified in subheading 0402.21.5000, HTS, and will be dutiable at US $1.189 per kilogram. In addition, products classified in subheading 0402.21.5000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.31 - 9904.04.39, HTS. An import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States.

Questions regarding licensing procedures and applications for licenses to import milk subject to quota should be addressed to:

U.S. Department of Agriculture Foreign Agricultural Service Import Policies and Trade Analysis Division Att: Dairy Import Group, Rm. 5531, So. Bldg. Washington, DC 20250-1000

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 Ralph Conte at (212) 466-5759.


Gwenn Klein Kirschner
Chief, Special Products Branch

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