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NY 877726




September 2, 1992

CLA-2-04/35:S:N:N229:877726

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.0500, 0404.90.1000, 3501.90.5000, 3502.90.1000

Ms. Clare M. Dowling
Asst. to the Manager of Administration
IBL BioProducts Corporation
67 Rogers Street
Cambridge, MA 02142

RE: The tariff classification of whey protein concentrates, milk protein concentrate, lactalbumin and caseinates from France and Germany.

Dear Ms. Dowling:

In your letter dated August 1, 1992, you requested a tariff classification ruling.

The products in question are designated PROTEINAL S 35, PROTEINAL S 75, PROTEINAL S 80, SODIUM CASEINATE, CALCIUM CASEINATE, and PROTEINAL PL 85. PROTEINAL S 35, PROTEINAL S 75, and PROTEINAL S 80 are described as a whey protein concentrates produced from ultrafiltrated whey. PROTEINAL P 85 is described as a milk protein concentrate produced from ultrafiltrated milk. PROTEINAL S 35, PROTEINAL S 75, PROTEINAL S 80 AND PROTEINAL P 85 are products of France. SODIUM CASEINATE and CALCIUM CASEINATE are products of Germany.

The applicable subheading for PROTEINAL S 35 will be 0404.90.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether of not containing added sugar or other sweetening matter, not elsewhere specified or included:...Other:...Whey protein concentrates. The rate of duty will be 10 percent ad valorem.

The applicable subheading for PROTEINAL S 75 and PROTEINAL S 80 will be determined, first, by the amount of protein found in the product at time of importation. If containing less than 75 percent of whey proteins, calculated by weight on the dry matter, these products will be classified in subheading 0404.90.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for whey protein concentrates. The rate of duty will be 10 percent ad valorem. If containing 75 percent, or more, of whey proteins, calculated by weight on the dry matter, these products will be classified in subheading 3502.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Albumins, albuminates and other albumin derivatives:...Other: ...Lactalbumin. The rate of duty will be FREE.

The classification of PROTEINAL S 75 and PROTEINAL S 80 will be affected by a change in the language of heading 35.02, HTS, which will be amended to provide specifically for "Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives". This change is one of several amendments to the international nomenclature, approved by the Customs Cooperation Council on July 5, 1989 for entry into force on January 1, 1992. These amendments, already approved by the Council, are currently being reviewed in preparation for the Presidential Proclamation that will give them force in the Harmonized Tariff Schedule of the United States (HTSUS).

On the effective date of these amendments in the HTSUS, PROTEINAL S 75 and PROTEINAL S 80, which contain 80 percent or less of whey proteins, calculated on the dry matter, will be classified in subheading 0404.90.0500, HTSUS, with duty at the rate of 10 percent ad valorem. PROTEINAL S 80, which contains over 80 percent of whey proteins, calculated on the dry matter, will be classified in subheading 3502.90.1000, HTSUS, FREE of duty.

The applicable subheading for SODIUM CASEINATE and CALCIUM CASEINATE will be 3501.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Casein, caseinates and other casein derivatives; casein glues:...Other:...Other. The rate of duty will be 0.44 cents per kilogram.

The applicable subheading for PROTEINAL P 85 will be 0404.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar of other sweetening matter, not elsewhere specified or included:...Other:...Milk protein concentrates. The rate of duty will be 0.44 cents per kilogram.

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

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