CLA-2-04:S:N:N7:229-887994
Mr. Clark D. Bien
Total Foods Corporation
6018 West Maple Road, Suite 888
West Bloomfield, MI 48322
RE: The tariff classification of a MILK PROTEIN CONCENTRATE from
Canada.
Dear Mr. Bien:
In your letter dated July 1, 1993, you requested a tariff
classification ruling.
The product in question is described as MPC 42 -- Milk Protein
Concentrate and is said to be a spray dried pure milk protein
concentrate manufactured from fresh pasteurized skim milk. The
product is manufactured from fluid milk, which is pasteurized, de-
fatted, ultrafiltrated and otherwise processed. The resultant
fluid is spray-dried and blended with other batches or adjusted
with other products (for example, with caseinate) to ensure
uniformity and adherence to specifications. MPC 42 is said to
contain, by weight, 42.5 percent protein, 45.5 percent lactose, 4.5
percent moisture, 1 percent fat and 7.5 percent ash. A sample of
the product, a cream-colored powder was analyzed by the Customs
Laboratory at New York and found to contain 46.7 percent lactose,
42.3 percent protein (42.4 percent on a dry basis), 7.3 percent
total ash, 0.63 percent moisture and 0.18 percent fat, with a pH of
6.6. MPC 42 can be supplied in either high heat or low heat form,
and will be imported in standard industrial packaging, including
100 pound paper bags and 2,000 pound bulk bags. The product will
have many applications, including use as an ingredient in frozen
confections, bakery products and animal feeds.
The applicable subheading for MILK PROTEIN CONCENTRATE, MPC
42, 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 duty rate will
be 0.44 cents per kilogram.
Goods classifiable under subheading 0404.90.1000, HTS, which
have originated in the territory of Canada, will be entitled to a
0.2 cents per kilogram rate of duty under the United States-Canada
Free Trade Agreement (FTA) 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