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NY G81911




September 20, 2000

CLA-2-04:RR:NC:2:231 G81911

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.10.1100; 0404.10.1500

Ms. Michelle Dopson
Chisolm Biological Laboratory
P.O. Box 1289
Aiken, SC 29802

RE: The tariff classification of a modified whey product from Hungary.

Dear Ms. Dopson:

In your letter, dated September 6, 2000, you requested a classification ruling.

The merchandise is a modified whey product, in powder form, that is derived from colostrum (the first milk of the cow). During processing, all high molecular weight components are removed, e.g., albumin, IgG, and milk solids. The remaining components are lactose, lactoferrin, and bovine growth factors (these are small DNA and RNA peptides). The principal use in the US will be as an additive for face cream and cosmetics

During manufacturing, whole colostrum is processed by a milk separator that separates colostrum from cream (which is discarded). The colostrum then undergoes enzyme separation, and colostral whey is separated from milk solids (which are discarded). The colostral whey undergoes 20,000 MW tangential flow filtration. Below 20,000 MW there is 80-90 percent lactose and 10-20 percent growth factors; above 20,000 there are IgG and albumin (which are discarded). The desired product, now a liquid, is sterile filtered at 0.2 um, and the resulting sterile lactose concentrate is lyophilized (freeze dried). This final process yields modified whey powder, which is then exported.

The applicable subheading for modified whey, if entered under quota, will be 0404.10.1100, 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, described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 13 percent ad valorem.

The applicable subheading for modified whey, if entered outside the quota, will be 0404.10.1500, 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, other, other. The rate of duty will be $1.035 per kilogram, plus 8.5 percent ad valorem. In addition, products classified in subheading 0404.10.1500, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.50 – 9904.05.01, HTS.

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 C.F.R. 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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