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NY D84057




November 20, 1998

CLA-2-04:RR:NC:2:231 D84057

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.10.1500

Ms. Joyce Duquette
Fritz Companies, Inc.
100 Walnut Street, Door 20
P.O. Box 2874
Champlain, NY 12919

RE: The tariff classification of modified whey from Canada.

Dear Ms. Duquette:

In your letter, dated October 27, 1998, you have requested a tariff classification ruling on behalf of your client, Saputo Group, Inc.

The merchandise, which is called, "Mother Liquor," is a modified whey product. The ingredients are 53 percent lactose, 24 percent organic acids, 16 percent minerals, and 6 percent protein. The product contains ash, iron, zinc, potassium, manganese, copper, phosphorus, calcium, sodium, and fat. The pH is 3.05.

During the manufacturing process, cheese whey is pumped through an ultrafiltration system (UF) that retains large protein molecules. UF produces two commodities - the retentate (that will be dried and marketed separately as whey protein concentrate) and the permeate (a liquid). The permeate undergoes concentration and crystallization, and these processes result in the manufacture of two products - lactose (that will be sold separately) and the modified whey product that is identified as "Mother Liquor").

In your correspondence you indicate that "Mother Liquor" will be manufactured in Canada from cheese whey of U.S. origin.

The applicable subheading for the modified whey product that is called, "Mother Liquor," will be 0404.10.1500, 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, whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter, modified whey, other, other. The rate of duty will be US $1.096 per kilogram, plus 9 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,

Robert B. Swierupski
Director

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