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NY B88248




July 24, 1997

CLA-2-04:RR:NC:2:231 B88248

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.1000

Mr. John Tedford
Tedford/Tellico, Inc.
9433 Tedford Road
Concord, TN 37922

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

Dear Mr. Tedford:

In your letter, dated July 16, 1997, you have requested a tariff classification ruling.

The product is milk protein concentrate. The ingredients are 42-45 percent lactose, 42 percent (minimum) protein, 7-9 percent ash, 3-4 percent moisture, and 0.5-1.75 percent fat.

The milk protein concentrate is manufactured by the ultrafiltration of pasteurized cow's milk. The raw milk undergoes a process of cooling, pasteurization, ultrafiltration, retentate drying, and packaging.

The applicable subheading for the milk protein concentrate 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 0.41 cents per kilogram.

Articles classifiable under subheading 0404.90.1000, HTS, which are products of Lithuania, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, provided that the GSP is renewed.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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,

Gwenn Klein Kirschner

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