The tariff classification of Delactosed Whey Powder from France.

NY 892698 December 13, 1993 CLA-2-04:S:N:N7:229-892698 CATEGORY: Classification TARIFF NO.: 0404.10.0500; 0404.10.0900 Ms. Lori Bartley F.W. MYERS & Co., Inc. 85 N. Gratiot Avenue, Suite 300 Mt. Clemens, MI 48043-5616 RE: The tariff classification of Delactosed Whey Powder from France. Dear Ms. Bartley: In your letter dated November 23, 1993, you requested a tariff classification ruling on behalf of Besnier-Scerma, U.S.A. The products in question are three modified wheys in the form of fine white powders, designated AZELACTO 24 Delactosed whey powder, AZ 26 Delactosed whey powder, and DILAKTO Delactosed whey powder. All three products will be imported in 2-ply paper bags with separate polyethylene inner liners, each holding either 25 or 50 kilograms, net. The first of these products, designated AZELACTO 24 Delactosed whey powder, is said to be produced from wheys of different cheese technologies which are first concentrated, then spray dried. This product is said to contain, by weight, lactose (40 percent, plus or minus 5 percent), proteins (24 percent, plus or minus 1 percent), ash (about 18 percent), moisture (up to 6 percent) and fat (up to 3 percent), with a pH of about 6.2. AZ 26 Delactosed whey powder is said to be produced by, first, concentrating, and, then, spray drying sweet whey obtained from cheese factories. This product is said to contain, by weight, lactose (40 percent, plus or minus 5 percent), protein (26 percent, plus or minus 1 percent), ash (17 percent, plus or minus 1 percent), moisture (6 percent maximum) and fat (3 percent maximum), with a Ph of about 6.2. DILAKTO is produced by concentrating and, then, spray drying acid whey obtained from cheese and casein factories. This product is said to contain, by weight, lactose (up to 55 percent), protein (17 percent minimum), ash (about 20 percent), moisture (up to 5 percent) and fat (up to 2.5 percent), with a pH of about 5.0. The applicable subheading for AZELACTO 24 Delactosed whey powder, if containing 25 percent, or more, protein on a dry basis, and AZ 26 Delactosed whey powder 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 concentrates. The rate of duty will be 10 percent ad valorem. The applicable subheading for AZELACTO 24 Delactosed whey powder, if containing less than 25 percent protein on a dry basis, and DILAKTO Delactosed whey powder will be 0404.10.0900, 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:...Other: ...Other. The rate of duty will be 10 percent ad valorem. 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