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NY D89754

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CLA-2-04:RR:NC:2:231 D89754

CATEGORY: CLASSIFICATION

TARIFF NO.: 0402.10.1000; 0402.10.5000; 0402.21.3000; 0402.21.5000; 1901.90.4200; 1901.90.4300

Mr. Alfredo Calvart
Nestle Puerto Rico, Inc.
P.O. Box 364565
San Juan, PR 00936-4565

RE: The tariff classification of powdered milk from Colombia.

Dear Mr. Calvart:

In your letter, dated March 16, 1999, you have requested a tariff classification ruling.

The five submitted samples are described thus:

1. "Klim Traditional" is a can of whole milk powder with vitamins A and D. The ingredients are 68.8897 percent nonfat milk solids, 28.1 percent fat milk solids, 3 percent water, 0.0056 percent vitamin A, and 0.0047 percent vitamin D3. The net weight is 400 grams.

2. "Klim Instant" is a can of instant whole milk powder with vitamins A and D. The ingredients are 68.5697 percent nonfat milk solids, 28.1 percent fat milk solids, 3 percent water, 0.32 percent soy lecithin, 0.0056 percent vitamin A, and 0.0047 percent vitamin D3. The net weight is 400 grams.

3. "Klim Lite-Line" is a can of instant semi-skimmed milk powder with vitamins A and D. The ingredients are 84.1678 percent nonfat milk solids, 12.1 percent fat milk solids, 3.5 percent water, 0.32 percent soy lecithin, 0.0074 percent vitamin A, and 0.0048 percent vitamin D3. The net weight is 400 grams.

4. "Klim Hi-Calcium" is a can of skim milk powder that has been enriched with calcium carbonate and vitamins A and D. The ingredients are 93.681 percent nonfat milk solids, 4 percent water, 1.3 percent micronized calcium carbonate, 0.9 percent fat milk solids, 0.1 percent sodium phosphate heptahydrated, 0.012 percent vitamin A, and 0.007 percent vitamin D3. The net weight is 400 grams.

5. "Klim 1-2-3" is a can of modified instant milk powder with vitamins and minerals. The ingredients are 56.5711 percent nonfat milk solids, 21.2091 percent fat milk solids, 11.6575 percent maltodextrin, 6.7773 percent lactose, 3 percent water, 0.32 percent soy lecithin, 0.234 percent vitamin premix, and 0.231 percent ligoelement premix. The net weight is 400 grams.

If entered under quota, the applicable tariff provision for "Klim Traditional" (item #1), "Klim Instant" (item #2), and "Klim Lite-Line" (item #3) 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. The rate of duty will be 6.8 cents per kilogram.

If entered outside the quota, the applicable tariff provision for "Klim Traditional" (item #1), "Klim Instant" (item #2), and "Klim Lite-Line" (item #3) will be 0402.21.5000, 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, other. The rate of duty will be US $1.124 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.

If entered under quota, the applicable tariff provision for "Klim Hi-Calcium" (item #4) will be 0402.10.1000, 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, not exceeding 1.5 percent, described in additional U.S. note 7 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 3.3 cents per kilogram.

If entered outside the quota, the applicable tariff provision for "Klim Hi-Calcium" (item #4) will be 0402.10.5000, 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, not exceeding 1.5 percent, other. The rate of duty will be 89 cents per kilogram. In addition, products classified in subheading 0402.10.5000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.22 - 9904.04.30.

If entered under quota, the applicable tariff provision for "Klim 1-2-3" (item #5) will be 1901.90.4200, HTS, which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa...not elsewhere specified or included...other, dairy products described in additional U.S. note 1 to chapter 4, dairy preparations containing over 10 percent by weight of milk solids, described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 16 percent ad valorem.

If entered outside the quota, the applicable tariff provision for "Klim 1-2-3" (item #5) will be 1901.90.4300, HTS, and will be dutiable at US $1.065 per kilogram, plus 14 percent ad valorem. In addition, products classified in subheading 1901.90.4300, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 - 9904.05.01, HTS.

Articles classifiable under subheadings 0402.10.1000, HTS, 0402.21.3000, HTS, or 1901.90.4200, HTS, which are products of Colombia, are entitled to duty free treatment under the Andean Trade Preference Act upon compliance with all applicable regulations.

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 Thomas Brady at (212) 637-7064. June 9, 1999

Sincerely,

Robert B. Swierupski
Director

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See also:

• Tariff No.: 0402.10.10 - Milk & cream in powder granules/other solid forms fat content by weight not exceeding 1.5% whether/not sweetened, described in addl note 7
• Tariff No.: 0402.10.50 - Milk & cream in powder granules/other solid forms fat content by weight not exceeding 1.5% whether/not sweetened, nesi
• Tariff No.: 0402.21.30 - Milk & cream, concen, not sweetened, in powder/granules/oth solid forms, fat cont o/3% but not o/35%, subj to Ch 4 US note 7
• Tariff No.: 0402.21.50 - Milk & cream, concen, not sweetened, in powder/granules/oth solid forms, fat cont o/3% but not o/35%, not subj to GN15 or Ch 4 US.S. note 7
• Tariff No.: 1901.90.42 - Dairy preps o/10% by wt of milk solids (descr. in add US note 1 to Ch. 4), neosi, subject to add US note 10 to Ch.4
• Tariff No.: 1901.90.43 - Dairy preps o/10% by wt of milk solids (descr. in add US note 1 to Ch. 4), neosi, not subject to gen note 15 or add US note 10 to Ch.4
• Tariff No.: 9904.04.22 - Dried milk, w/ or w/o sugar or sweetening matter in 0402.10.50 & 0402.21.25, entered in value safeguard period, under $0.20/kg
• Tariff No.: 9904.04.30 - Dried milk, w/ or w/o sugar or sweetening matter in 0402.10.50 & 0402.21.25, entered in quantity safeguard period
• Tariff No.: 9904.04.31 - Dried milk & cream, w/ or w/o sugar or sweetening matter in 0402.21.50 or 0403.90.55, entered in value safeguard period, under $0.15/kg
• Tariff No.: 9904.04.39 - Dried milk & cream, w/ or w/o sugar or sweetening matter in 0402.21.50 or 0403.90.55, entered in quantity safeguard period
• Tariff No.: 9904.04.50 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe. period, under $0.65/kg
• Tariff No.: 9904.05.01 - Dairy prod. in Ch. 4 addl US note 1, in 2202.90.28 entered in quantity safeguard period