CLA-2-04:S:N:N7:231 812858
Mr. Arthur Rappaport
Excelpro Inc.
127 West 79th Street, Suite 10 A
New York, NY 10024
RE: The tariff classification of milk protein concentrate from
Argentina.
Dear Mr. Rappaport:
In your letter, dated June 22, 1995, you have requested a
tariff classification ruling.
The product, K-Pro II, is milk protein concentrate. The ingredients
are protein (80.5 percent), ash and minerals (8.5 percent), moisture (6.0
percent), carbohydrates (5.0 percent), and fat (0.5 percent). The pH is 9
percent.
K-Pro II is derived from fluid whole milk in the following manner:
First, whole milk is pasteurized and separated into cream and skim milk.
The skim milk is heated and coagulated. The protein constituents, in
combination with lactose and soluble salts, are filtered from the serum. The
resulting liquid, containing most of the protein that is present in raw milk,
is then dried and bagged. The product is packaged in 50 pound multiwall bags
with polyethelene liners.
Milk protein concentrate provides a creamy, non-starchy texture and
flavor release in food. It is used in low fat foods, high protein energy
drinks, health drinks, pharmaceutical products, and other food applications.
The applicable subheading for the milk protein concentrate, K-Pro II,
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 0.43 cents per kilogram.
Articles classifiable under subheading 0404.90.1000, HTS, which are
products of Argentina, are entitled to duty free treatment under the
Generalized System of Preferences (GSP) upon compliance with all applicable
regulations.
This ruling is being issued under the provisions of Section 177 of the
Customs Regulations (19 C.F.R. 177.
A copy of this ruling letter should be attached to the entry documents
filed at the time this merchandise is imported. If the documents have been
filed without a copy, this ruling should be brought to the attention of the
Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport