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NY K80415

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November 19, 2003
CLA-2-21:RR:NC:2:228 K80415

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6400, 2106.90.6600

Mr. Robert Tinkham
Chicago Sweeteners Incorporated
1700 Higgins Road
Suite 610
Des Plains, Illinois 60018

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of anhydrous milk fat blends from Canada and Mexico; Article 509

Dear Mr. Tinkham:

In your letter dated October 27, 2003, you requested a ruling on the status of anhydrous milk fat blends from Canada and Mexico under the NAFTA.

The blends will consist of 99 percent anhydrous milk fat, and one percent of either salt, sugar, vegetable oil, beta carotene, skim milk powder, butter milk powder, lactose, caseinate, or cocoa butter. All of the ingredients will be from various non-NAFTA countries. The blends will be manufactured in Canada or Mexico and imported into the United States in containers ranging from 50 pound boxes to 2700 pound totes. They will be used in a variety of industrial food applications.

The applicable subheading for the blends, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2106.90.6400, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other... other...containing over 10 percent by weight of milk solids...other, dairy products described in additional U.S. note 1 to chapter 4...described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the products will be classified in subheading 2106.90.6600, HTS, and dutiable at the rate of 70.4 cents per kilogram, plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.6600, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.59 to 9904.04.66.

The blends do not qualify for preferential treatment under the NAFTA because the non-originating materials will not undergo the change in tariff classification required by General Note 12(t)/21.12, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Stanley Hopard at 646-733-3029.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Bureau of Customs and Border Protection, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 2106.90.64 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: subject to add US note 10 to Ch.4, not GN15
• Tariff No.: 2106.90.66 - Food preps, nesoi, o/10% by wt of milk solids, dairy prods, descr. in add US note 1 to Ch.4: not subject to Ch4 US note 10, not GN15
• Tariff No.: 9904.04.59 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, under $0.30/kg
• Tariff No.: 9904.04.66 - Dairy prod. in 0404.10.15, 1517.90.60, 1704.90.58, 1806.20.82, 1806.20.83, 1806.32.70, etc, entered value safe period, $1.50/kg or more