The tariff classification of cream from France.

NY C82115 December 8, 1997 CLA-2-04:RR:NC:2:231 C82115 CATEGORY: Classification TARIFF NO.: 0401.30.0500; 0401.30.2500 Mr. Louis Marino Schratter Foods Incorporated 72 Summit Avenue Montvale, NJ 07645 RE: The tariff classification of cream from France. Dear Mr. Marino: In your letter, dated November 24, 1997, you have requested a tariff classification ruling. The product is called, "Elle and Vire UHT Whipping Cream - 35.1 Percent." "35.1 Percent" indicates the fat content by weight. The ingredients include 35.1 percent cream (made from cow's milk), and 0.015 percent carrageenan. The submitted samples are one liter cartons. They will be packed six per case. The cream will be sold to institutional markets such as the food service and catering industries for cooking and whipping. The product is ready to use, and it does not require further processing. The applicable subheading for "Elle and Vire UHT Whipping Cream - 35.1 Percent," if imported in quantities that fall within the limits described in additional U.S. note 5 to chapter 4, will be 0401.30.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for milk and cream, not concentrated nor containing added sugar or other sweetening matter, of a fat content, by weight, exceeding 6 percent, of a fat content, by weight, not exceeding 45 percent, described in additional U.S. note 5 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 3.2 cents per liter. If the quantitative limits of additional U.S. note 5 to chapter 4 have been reached, the product will be classified in subheading 0401.30.2500, HTS, and will be dutiable at 84 cents per liter. In addition, products classified in subheading 0401.30.2500, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.01 - 9904.04.08, HTS. Importations of this product are subject to import regulations administered by various U.S. agencies. Requests for 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 758 6505 Belcrest Road Hyattsville, MD 20782 Att: Dr. John Blackwell Requests for information regarding labelling 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, DC 20204 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division