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NY 816940



December 6, 1995

CLA-2-04:RR:NC:FC:231 816940

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.1000

Ms. Michelle Mancias, Esq.
Sonnenberg and Anderson
200 South Wacker Drive
Chicago, IL 60606

RE: The tariff classification of milk protein concentrate from Denmark.

Dear Ms. Mancias:

In your letter, dated November 20, 1995, you have requested a tariff classification ruling on behalf of your client, MD Foods Ingredients, Inc., Rosemont, IL.

The product, MPC 60, is milk protein concentrate. The ingredients are protein (60 percent minimum), lactose (16 percent maximum), fat (12.5 percent maximum), ash (7.5 percent maximum), and moisture (4.5 percent maximum). The pH is 6.7.

MPC 60 is a spray dried, ultrafiltered milk protein, made from pasteurized skim milk. It is designed to be used as a flavor enhancer in food.

The applicable subheading for the milk protein concentrate, MPC 60, 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 or other sweetening matter, not elsewhere specified or included, other, milk protein concentrates. The rate of duty will be 0.43 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 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 Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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