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NY E88095




May 3, 2000

CLA-2-35:RR:NC:2:231 E88095

CATEGORY: CLASSIFICATION

TARIFF NO.: 3502.20.0000

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

RE: The tariff classification of whey protein isolate from Canada.

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 is described thus:

Milk protein isolate in powder form – item 100183. The component breakdown that you have provided with your inquiry indicates that the ingredients by weight are 85.5 percent protein on dry matter (81 percent on powder), 8.5 percent ash, 5 percent moisture, 4 percent lactose, and 1.5 percent fat. The product is used to enrich and standardize milk proteins used by the cheese industry. Whey protein isolate in powder form – item 100233. The ingredients are stated to be 90 percent protein on dry matter, 5 percent moisture, 4.5 percent ash, 4 percent lactose, and 1 percent fat. Item 100233 is used as a dairy ingredient to ensure high foaming properties and to increase the soluble protein ration in dairy products.

During the production of items 100183 and 100233, raw milk undergoes pasteurization, skimming, ultrafiltration, evaporation, drying, and packaging. The products are packaged in 20-25 kilogram poly-lined, paper bags or 800 kilogram tote bags. They are sold to agri-food manufacturing companies as raw material or food ingredients.

The applicable subheading for whey protein isolate (item 100233) will be 3502.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for albumins (including concentrates of two or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry matter), albuminates and other albumin derivatives, milk albumin, including concentrates of two or more whey proteins. The rate of duty will be free.

This office has forwarded your request for a ruling on milk protein isolate (item 100183) to the Office of Regulations and Rulings, US Customs Service Headquarters, Washington, DC. You will receive a tariff classification ruling from that office.

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 Thomas Brady at 212-637-7064.

Sincerely,

Robert B. Swierupski
Director,

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