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

 NY R00752 September 17, 2004 CLA-2-18:RR:NC:SP:232 R00752 CATEGORY: Classification TARIFF NO.: 1806.20.8300 Mr. Graeme Honeyfield Glinso Foods 3554 Round Barn Blvd. Suite 310 Santa Rosa, CA 95403 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of anhydrous milk fat and chocolate liquor blends from Mexico; Article 509 Dear Mr. Honeyfield: In your letter dated August 26, 2004 you requested a ruling on the status of anhydrous milk fat and chocolate liquor blends from Mexico under the NAFTA. The subject merchandise consists of two blends: 95 percent anhydrous milk fat and 5 percent chocolate liquor, and 99 percent anhydrous milk fat and 1 percent chocolate liquor. The anhydrous milk fat will originate in various countries including: New Zealand, Australia, Argentina or the EU. The chocolate liquor will be manufactured in the United States from cocoa beans imported from a non-NAFTA country. The chocolate liquor may also be imported directly into Mexico from a non-NAFTA country. The ingredients will be blended in Mexico, and packaged in 20 to 25 kilogram plastic lined cartons, or in 500 to 1000 kilogram totes. The blends will be used in the U.S. chocolate and confectionery industries. The applicable subheading for the 95 percent anhydrous milk fat and 5 percent chocolate liquor, and the 99 percent anhydrous milk fat and 1 percent chocolate liquor product will be 1806.20.8300, Harmonized Tariff Schedule of the United States (HTS), which provides for Chocolate and other food preparations containing cocoa: Other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg: other...other...other: Dairy products described in additional U.S. note 1 to chapter 4...other…other. The general rate of duty will be 52.8 cents per kilogram plus 8.5 percent ad valorem. General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if-- (i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or (ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that-- (A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or (B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or (iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or (iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the nonoriginating materials falling under provisions for "parts" and used in the production of such goods does not undergo a change in tariff classification because-- (A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or (B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts, provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note. Based on the facts provided, the goods described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUSA General Note 12(b)(ii)(A). The goods will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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 John Maria at 646-733-3031. 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, Headquarters, U.S. Customs and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division