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NY F85830




July 13, 2000

CLA-2-04:RR:NC:2:231 F85830

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.10.0500

Mr. James Bates
General Shipping Company, Inc.
30 Montgomery Street, Suite 1250
Jersey City, NJ 07303

RE: The tariff classification of whey protein concentrate powder from Australia and the Netherlands.

Dear Mr. Bates:

In your letter, dated March 10, 2000, you requested a classification ruling on behalf of your client, Schils America, Inc., Susquehanna, PA.

The merchandise is whey protein concentrate powder. The component breakdown that you have submitted with your inquiry indicates that the ingredients by weight are 34.9 percent protein, 8.3 percent ash, 3.5 percent moisture, and 2.2 percent butterfat. The pH is 6.68.

The applicable subheading for whey protein concentrate powder will be 0404.10.0500, 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, whey protein concentrates. The rate of duty will be 8.5 percent ad valorem.

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 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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