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NY K88864




September 17, 2004

CLA-2-04:RR:NC:2:231 K88864

CATEGORY: CLASSIFICATION

TARIFF NO.:0404.90.1000

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

RE: The tariff classification of a milk protein concentrate from Canada

Dear Mr. Emmanuel:

In your letter dated August 16, 2004, you requested a tariff classification ruling on behalf of your client, Le Groupe Lactel of Boucherville, Quebec.

The product in question, called Promilk 852 B, is a concentrated milk protein powder, said to consist of casein (78.2 percent by weight, dry basis) and whey proteins (6.8 percent, dry basis). The remaining constituents include ash (8.9 percent), lactose (4.2 percent) and water (1.9 percent). This product is used in cheese making to standardize and enrich the cheese milk proteins.

The applicable subheading for Promilk 852 B 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 mater, not elsewhere specified or included: other, milk protein concentrate. 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 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 P. Brady at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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