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NY I84367




July 29, 2002

CLA-2-04:RR:NC:2:231 I84367

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.1000

Mr. Gordon Anderson
C.H. Robinson International, Inc.
8967 Columbine Road, Suite 400
Eden Prairie, MN 55347

RE: The tariff classification of milk protein concentrate from Germany.

Dear Mr. Anderson:

In your letter, dated July 17, 2002, you requested a tariff classification ruling on behalf of your client, JLS Foods International, Inc., Schaumberg, IL.

The merchandise, Ameripro® brand “MPC-42,” is milk protein concentrate that has been manufactured either by the ultrafiltration of skim milk or by the dry blending of nonfat dry milk (approximately 82 percent) and sodium caseinate (approximately 18 percent). The ingredients are 45.5 percent lactose, 42 percent protein, 7.5 percent ash, 4.5 percent moisture (maximum), and 1.25 percent milk fat (maximum). The pH is 6.6. The product is packed in heat sealed, Kraft® multiwall, paper bags. The polyethylene bag liners are individually closed. The item is available in net weights of 25 kilograms and 50 pounds.

The applicable subheading for milk protein concentrate 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 rate of duty will be 0.37 cents per kilogram.

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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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