NY 864715: The tariff classification of canned CREAM from New Zealand.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          
                                   NY 864715

                                   July 5, 1991  


CLA-2-04:S:N:N1:229-864715  

CATEGORY:  Classification

TARIFF NO.: 0401.30.1000 (9904.10.03)  

Mr. Richard Lytle
Technical Operations Manager
Nestle Specialty Products Division
Nestle Foods Corporation
100 Manhattanville Road
Purchase, NY  10577

RE:  The tariff classification of canned CREAM from New Zealand.

Dear Mr. Lytle:

     In your letter dated June 24, 1991, you requested a tariff
classification ruling.         
     
     The product in question is described as dairy cream,
produced and processed in New Zealand, and having a butterfat
content of 21 percent by weight.  A sample of the product,
labeled "Nestle Reduced Cream", consists of  a liquid cream
hermetically sealed in metal tins, each holding 250 grams (about
8.8 ounces), net.  This product contains very small amounts of
carrageenan, sodium alginate, and disodium phosphate added as
stabilizers and acidity regulators. 

     The applicable subheading for this canned CREAM will be
0401.30.1000, 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 1(a) to this chapter.  The rate of duty will be 3.2 cents
per liter for the first 5,678,118 liters of fluid and sweet or
sour cream entered under subheading 0401.30.10 and subheading
0403.90.10, combined, in any calendar year.   

     Articles classifiable in HTS subheading 0401.30.1000 are
subject to quota quantity restrictions listed in subchapter IV of
Chapter 99 in HTS subheading 9904.10.03, which limits the amount
of milk or cream, fluid or frozen, fresh or sour, containing over
6 but not over 45 percent by weight of butterfat, which may be
imported into the United States, to an annual quota quantity of
5,678,117 liters.  This entire quota quantity has been allocated
to New Zealand.  Accordingly, only product of New Zealand origin
may be imported into the United States.


     
     This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.



                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport