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NY M85086




August 09, 2006

CLA-2-21:RR:NC:2:228 M85086

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.10.0000

Ms. Kristina Neumann
PBM Nutritionals
P.O. Box 2109
Georgia, VT 05468

RE: The tariff classification of a food ingredient from Denmark.

Dear Ms. Neumann:

In your letters dated May 31, 2006, and July 10, 2006, you requested a tariff classification ruling.

A sample submitted with your first letter was examined and disposed of. Product specifications and a description of the manufacturing process accompanied your second letter. Whey Protein Hydrolysate, PEPTIGEN IF-3032 (previously referred to as PSNU-20800) is described as a white to cream-colored powder consisting of short-chained peptides obtained by controlled enzymatic degradation of whey proteins. Whey protein concentrate is mixed with water, and enzymes and acid are added for hydrolysis and pH adjustment. The material is heat-treated, filtered, sterilized, concentrated, filtered again, spray dried, and put up in plastic lined bags holding 20 kilograms, net weight. The technical data provided states the finished product contains a minimum of 68.8 percent protein. PEPTIGEN IF-3032 will be used as an ingredient in infant formula with reduced allergen content.

In your letter you suggest classification in heading 3504 as a peptone, protein substance or their derivatives. We disagree. Based on the product’s composition, protein content, and use, it will be classified elsewhere.

The applicable subheading for the Whey Protein Hydrolysate, PEPTIGEN IF-3032 will be 2106.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedprotein concentrates and textured protein substances. The rate of duty will be 6.4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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