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NY D83787




November 13, 1998

CLA-2-04:RR:NC:2:231 D83787

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.1000

Ms. Michelle Mancias
Sonnenberg and Anderson
200 South Wacker Drive, 38th Floor
Chicago, IL 60606

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

Dear Ms. Mancias:

In your letter, dated October 16, 1998, you have requested a tariff classification ruling on behalf of your client, MD Foods Ingredients, Inc, Rosemont, IL.

The product, "PSD 852," is spray dried milk protein concentrate. It contains, by weight, 41 percent protein, 29 percent fat, 7 percent minerals, and 6 percent moisture. The pH is 6.5-6.8 percent. "PSD 852" will be used as a flavor enhancer in food.

The applicable subheading for "PSD 852" 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 0.39 cents per kilogram.

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,

Robert B. Swierupski

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