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NY E88096




October 21, 1999

CLA-2-04:RR:NC:2:231 E88096

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.1000

Mr. Christian Emmanuel
Cemma International, Inc.
4829, avenue Rosedale
Montreal, Quebec H4V 2H3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of milk protein concentrate from Canada and the European Union.

Dear Mr. Emmanuel:

In your letter, dated September 28, 1999, you requested a classification ruling on behalf of your client Le Groupe Lactel, Boucherville, Quebec.

The merchandise, milk protein concentrate, is described thus:

1. Product code 100228 is milk protein in powder form. The ingredients are 42.5 percent protein, 43 percent lactose, 8.5 percent ash, 5 percent moisture, and 1 percent fat. It will be used in the production of yogurt, cultured milk products, and other fresh dairy products. 2. Product code 100229 is milk protein in powder form. The ingredients are 57 percent protein, 30 percent lactose, 8 percent ash, 4 percent moisture, and 1 percent fat. It will be used to increase and standardize the protein level of raw materials used in dairy products. 3. Product code 100181 is milk protein in powder form. The ingredients are 71 percent protein, 16 percent lactose, 8 percent ash, 4 percent moisture, and 1 percent fat. It will be used to increase and standardize the protein level of raw materials used in dairy products. 4. Product code 100182 is milk protein in powder form. The ingredients are 85 percent protein (on a dry basis), 7.5 percent ash, 5.5 percent lactose, 5 percent moisture, and 1 percent fat. It will be used to increase and standardize the protein level of raw materials used in dairy products.

During the manufacturing process raw milk undergoes pasteurization, skimming, ultrafiltration, evaporation, drying, and packaging. All items will be packed in poly lined paper bags of 20-25 kilograms or in tote bags of 800 kilograms. They will be sold to agri-food manufacturing companies as raw material or food ingredients.

The applicable subheading for milk protein concentrate (product codes 100228, 100229, 100181, and 100182 - items #1-4 listed above) 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 general rate of duty will be 0.38 cents per kilogram.

The milk protein concentrate, if wholly obtained or produced entirely in the territories of Canada, Mexico, and/or the United States, will meet the requirements of HTSUSA General Note 12(b)(i). Alternately, if the constituent ingredients are sourced in a non-NAFTA country, the milk protein concentrate will meet the requirements of HTSUSA General Note 12(t)(4). Under either General Note these goods will be entitled to a free rate of duty under the NAFTA.

Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Food and Drug Administration may be addressed to that agency at the following location:

U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, S.W.
Washington, DC 20204

Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

A.P.H.I.S. Veterinary Services
Federal Building, Room 756
6505 Belcrest Road
Hyattsville, MD 20782

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,

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