CLA-2-04:OT:RR:NC:N5:231
Ms. Deborah Scott
Omega CHB International Inc.
5246 West 111 Street
Los Angeles, CA 90045
RE: The tariff classification of Milk Protein Powder from Singapore
Dear Ms. Scott:
In your letter dated August 13, 2024, you requested a tariff classification ruling on behalf of your client, Pivitol Ingredients LLC (Sheridan, IN).
The subject merchandise, Milk Protein Powder 85%, is described as a spray dried milk protein concentrate manufactured by ultrafiltration of skim milk. It is said to be slight white in color with a bland flavor and flat odor and to possess no foreign materials. The merchandise, which will be used to produce confectionery, bakery, and beverage products, will be imported in 20-kilogram polyethylene-lined Kraft paper bags that are heat sealed to prevent moisture and air intrusion.
The applicable subheading for the Milk Protein Powder will be 0404.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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 0.37 cents per kilogram.
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 https://hts.usitc.gov/current.
Articles classifiable under subheading 0404.90.10, HTSUS which are products of Singapore may be entitled to duty-free treatment under the United States-Singapore Free Trade Agreement (SFTA) upon compliance with all applicable regulations. The SFTA, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on SFTA, check our website at www.cbp.gov and search for SFTA.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (U.S.D.A.) may be addressed to that agency at the following location:
U.S. Department of Agriculture
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Tel: 301.851.3300
E-mail: [email protected]
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 the FDA at 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, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division