CLA-2-04/35:S:N:N7:229 894168
Mr. Jeff Fitzpatrick
Food Ingredients Division
Harrisons Trading Co., Inc.
303 South Broadway
Tarrytown, NY 10591
RE: The tariff classification of WHEY PROTEIN CONCENTRATE from Australia.
Dear Mr. Fitzpatrick:
In your letter dated January 25, 1994, you requested a tariff classification ruling.
The product in question is described as a WHEY PROTEIN CONCENTRATE in the form of a freely flowing, fine powder of uniform texture, and off-white in color. This product will be processed from pasteurized Cheddar cheese whey by ultrafiltration and spray drying. The product is said to consist, by weight, of 80 percent protein (minimum, dry basis), 7.5 percent maximum milk fat (range, from 5.5 to 7.5 percent), 6 percent moisture (maximum) and 4 percent ash. The product will be imported packed in polyethylene-lined, 4-ply multi-wall paper sacks of twenty kilograms each, net weight.
The applicable subheading for WHEY PROTEIN CONCENTRATE, with 80 percent, or less, by weight of whey proteins, will be 0404.10.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter:.. Modified whey:...Whey protein concentrate. The rate of duty will be 10 percent ad valorem.
The applicable subheading for WHEY PROTEIN CONCENTRATE, with more than 80 percent by weight of whey proteins, will be 3502.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry matter), albuminates and other albumin derivatives:...Other:...Lactalbumin. The rate of duty will be FREE.
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