The tariff classification of dry milk from Denmark.

N067683 July 22, 2009 CLA-2-04:OT:RR:E:NC:2:231 CATEGORY: Classification TARIFF NO.: 0402.21.3000; 0402.21.5000 Mr. Robert Latchman AFN Broker LLC 1092 St. George Ave., Unit 166 Rahway, NJ 07065 RE: The tariff classification of dry milk from Denmark. Dear Mr. Latchman: In your letter dated July 3, 2009, you requested a tariff classification ruling. The ruling was requested on “Dano” brand dry whole milk powder packed in sanitized metal cans (1-, 2-, 4-. and 5-lb sizes). The ingredients are: dry whole milk powder, soya lecithin, vitamin A and vitamin D. For the purposes of this ruling, it is assumed that the lecithin (a phospholipid) is present in small quantities as a kind of anti-caking agent that will serve to aid dispersibility and prevent clumping during reconstitution of the product with water. Also, since the fat content was not stated, it is assumed to be about the same as that typically found in dry whole milk, i.e., 26 to 29 percent. The applicable subheading for the whole milk powder conforming to the above description, if entered under quota, will be 0402.21.3000, Harmonized Tariff Schedule of the United States (HTSUS), 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. Imports under subheading 0402.21.3000, HTSUS, require an import license, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval. Questions regarding licensing procedures and applications for licenses to import dairy products subject to quota should be addressed to: Import Quota Manager for Dairy Products U.S. Department of Agriculture Stop 1029 1400 Independence Avenue, SW Washington, DC 20250-1029 Tel: (202) 720-1344 The applicable subheading for the whole milk powder, if entered outside the quota, will be 0402.21.5000, HTSUS, 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 $1.092 per kilogram. Also, products classified in subheading 0402.21.5000, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.31—9904.04.38. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location: USDA APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 734-3277 This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Although you did not set forth a specific marking scenario, you also asked about country of origin marking requirements. Accordingly, we are providing the following as general information:The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division