CLA-2-35:OT:RR:NC:2:236
Ms. Carla Graca
All-Ways Forwarding Int’l, Inc.
701 Newark Avenue
Elizabeth, NJ 07208
RE: The tariff classification of “Micellar Casein (MSS 88)” and “Micellar Casein and Soy Lecithin (MCC 90/85SL Instant)” from Germany
Dear Ms. Graca:
In your ruling request dated January 10, 2013, on behalf of your client, Molkereigesellschaft Lauingen mbH, you requested a tariff classification ruling.
Your submission included a sample of each product and describes both products as low heat spray dried milk protein. You indicate that “Micellar Casein (MSS 88)” is produced from fresh skimmed and pasteurized milk only. You have incorrectly suggested classification under subheading 3504.00.10, Harmonized Tariff Schedule of the United States (HTSUS), because casein is specifically provided for under heading 3501, HTSUS. You indicate that “Micellar Casein and Soy Lecithin (MCC 90/85SL Instant)” is produced from fresh skimmed and pasteurized milk with the addition of soy lecithin. You have incorrectly suggested classification under subheading 3504.00.10, HTSUS, because this product is not a protein isolate.
The applicable subheading for “Micellar Casein (MSS 88)” will be 3501.10.1000, HTSUS, which provides for Casein, casinates and other casein derivatives; casein glues: Casein: Milk protein concentrate . The general rate of duty will be 0.37 cents per kg.
The applicable subheading for “Micellar Casein and Soy Lecithin (MCC 90/85SL Instant)” will be 3504.00.5000, HTSUS, which provides for Peptones and their derivatives, other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: other. The general rate of duty will be 4 percent ad valorem.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
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 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 Nuccio Fera at (646) 733-3034.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division