NY 863441: The tariff classification of GOAT'S MILK, FLUID and POWDER,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 863441

                          May 23, 1991


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

CATEGORY:  Classification

TARIFF NO.: 0401.20.2000/0401.20.4000;  0402.21.4000 (9904.10.12) 


Mr. Frank Gallucci, President
The Great Canadian Food Brokers, Ltd.
P.O. Box 8185, Station "F"
Calgary, Alberta  Canada  T2J 2V3

RE:  The tariff classification of GOAT'S MILK, FLUID and POWDER,
from New Zealand.

Dear Mr. Gallucci:

     In your letter dated May 6, 1991, you requested a tariff
classification ruling.         

     The product in question is described as pure GOAT'S MILK, to
be imported in fluid and in powder form.  Both products will be
marketed under the brand name "Nanny Goat Lane".  "Nanny Goat
Lane" full cream New Zealand FLUID GOAT MILK is an Ultra High
Temperature (UHT) pasteurized milk with a milk fat content, by
weight, of from 3 to 3.3 percent, packaged in Tetra Brik Aseptic
cartons, each holding one liter.  "Nanny Goat Lane" full cream
New Zealand GOAT MILK POWDER is a dried milk powder with a milk
fat content, by weight, of 28.5 percent, packaged in tins of 450
grams each (about 15.87 ounces), net weight.  

     The applicable subheading for the FLUID GOAT'S MILK  will be
0401.20, 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 1 percent but not exceeding 6
percent.  For not over 11,356,236 liters entered in any calendar
year, this FLUID GOAT'S MILK is classifiable in subheading
0401.20.2000, HTS.  The rate of duty will be 0.5 cents per liter. 
When 11,356,236 liters of milk have been entered in any calendar
year, FLUID GOAT'S MILK is classifiable in subheading
0401.20.4000, HTS, as Other milk entered outside the tariff rate
quota.  The rate of duty will be 1.7 cents per liter.

     The applicable subheading for GOAT'S MILK POWDER will be
0402.21.4000, HTS, 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.  The rate of
duty will be 6.8 cents per kilogram. 

     Articles classifiable in HTS subheading 0402.21.4000 are
subject to quota quantity restrictions listed in subchapter IV of
Chapter 99 in HTS subheading 9904.10.12, which limits the amount
of such products which may be imported into the United States to
an annual quota quantity of 3,175 kilograms.  Addi-  tionally, an
import license, issued to the importer by the United States
Department of Agriculture, will be required at the time such
merchandise is entered for consumption into the United States.

     Questions regarding licensing procedures and applications
for license to import milk powder subject to quota should be
addressed to:                                                    
                                                                 
                  Head, Dairy and Import Group                   
                  Dairy, Livestock and Poultry Division                                           Foreign Agricultural Service  
                  U.S. Department of Agriculture                               
                  Washington, D.C.  20250


     Importations of milk and milk products are subject to import
regulations administered by various U.S. agencies.  Information
regarding applicable 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, D.C.  20204                 

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 756  
                6505 Belcrest Road
                Hyattsville, MD  20782                    
            



     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