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NY 887994





October 15, 1993

CLA-2-04:S:N:N7:229-887994

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.1000

Mr. Clark D. Bien
Total Foods Corporation
6018 West Maple Road, Suite 888
West Bloomfield, MI 48322

RE: The tariff classification of a MILK PROTEIN CONCENTRATE from Canada.

Dear Mr. Bien:

In your letter dated July 1, 1993, you requested a tariff classification ruling.

The product in question is described as MPC 42 -- Milk Protein Concentrate and is said to be a spray dried pure milk protein concentrate manufactured from fresh pasteurized skim milk. The product is manufactured from fluid milk, which is pasteurized, de- fatted, ultrafiltrated and otherwise processed. The resultant fluid is spray-dried and blended with other batches or adjusted with other products (for example, with caseinate) to ensure uniformity and adherence to specifications. MPC 42 is said to contain, by weight, 42.5 percent protein, 45.5 percent lactose, 4.5 percent moisture, 1 percent fat and 7.5 percent ash. A sample of the product, a cream-colored powder was analyzed by the Customs Laboratory at New York and found to contain 46.7 percent lactose, 42.3 percent protein (42.4 percent on a dry basis), 7.3 percent total ash, 0.63 percent moisture and 0.18 percent fat, with a pH of 6.6. MPC 42 can be supplied in either high heat or low heat form, and will be imported in standard industrial packaging, including 100 pound paper bags and 2,000 pound bulk bags. The product will have many applications, including use as an ingredient in frozen confections, bakery products and animal feeds.

The applicable subheading for MILK PROTEIN CONCENTRATE, MPC 42, 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 duty rate will be 0.44 cents per kilogram.

Goods classifiable under subheading 0404.90.1000, HTS, which have originated in the territory of Canada, will be entitled to a 0.2 cents per kilogram rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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