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NY B89026




September 4, 1997

CLA-2-04:RR:NC:2:231 B89026

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.10.0500

Mr. Ed Werkmeister
Hoogwegt U.S., Inc.
1113 S. Milwaukee Avenue, Suite 200
P.O. Box 459
Libertyville, IL 60048-0459

RE: The tariff classification of whey protein concentrate from the Netherlands.

Dear Mr. Werkmeister:

In your letter, which is undated and received in this office on August 28, 1997, you have requested a tariff classification ruling.

The product, "EW-FOOD-High Protein Whey Powder," product code 303, is a dairy ingredient in powder form that consists of partly delactosed whey powder. The principle use is an ingredient in food products for human consumption. The ingredients will be carbohydrates (50 percent, of which lactose will be 43 percent), protein (27 percent), ash (17.5 percent), water (3.5 percent), fat (2 percent), potassium, sodium, calcium, magnesium, chlorine, phosphorus, and nitrite. The pH will be 6.0-6.5. It will be packaged in 25 kilogram, multiwall, paper bags with polyliner.

The applicable subheading for "EW-FOOD-High Protein Whey Powder," product code 303, will be 0404.10.0500, Harmonized Tariff Schedule of the United States (HTS), which provides 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, whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter, modified whey, whey protein concentrates. The rate of duty will be 9.2 percent ad valorem.

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
Chief, Special Products Branch

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