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NY R00361




May 17, 2004
CLA-2-04:RR:NC:2:231 R00361

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.10.1100; 0404.10.1500

Mr. Harry Brons
M.E. Franks, Inc.
175 Strafford Avenue, Suite 230
Wayne, PA 19087

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

Dear Mr. Brons:

In your letter, dated May 10, 2004, you requested a tariff classification ruling.

The merchandise, Anilac® delactosed whey powder, is a modified whey product, in powder form, that is derived from the production of casein. Anilac® contains 42 percent lactose, 24 percent ash, 22 percent whey protein, 4 percent moisture, and 2 percent fat. The pH ranges from 5.8-6.5. The product also contains amino acids (1.9 percent lysine, 1.3 percent threonine, 0.4 percent methionine, 0.4 percent cysteine, and 0.4 percent tryptophane), minerals (6.9 percent chloride, 4.5 percent potassium, 4.2 percent calcium, 1.8 percent phosphorus, 1.4 percent sodium, and 0.3 percent magnesium), and trace minerals (iron, zinc, manganese, and copper).

During the manufacturing process, liquid whey is neutralized until it attains a pH of 6. Then it is delactosed until a lactose content of 44 percent is obtained.

The product will be marketed as a milk replacer for calves, lambs, and piglets, and as an addition to compound feeds (prestarter and starter feeds for pig rearing, fish feeds, and feeds for young horses and fur animals).

The applicable subheading for Anilac®, if entered under quota, will be 0404.10.1100, 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 Anilac®, 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, modified whey, 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 duties based on their value, as described in subheadings 9904.04.50 – 9904.05.01.

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 locations:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, MD 20857

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 (646) 733-3030.

Sincerely,

Robert B. Swierupski
Director

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