The tariff classification of whey protein concentrate from the Netherlands.

NY G89577 April 25, 2001 CLA-2-04:RR:NC:2:231 G89577 CATEGORY: Classification TARIFF NO.: 0404.10.0500; 3502.20.0000 Ms. Marloes van Schooten Borculo Domo Ingredients Hanzeplein 25 P.O. Box 449 8000 AK Zwolle The Netherlands RE: The tariff classification of whey protein concentrate from the Netherlands. Dear Ms. Van Schooten: In your letter, which is undated and received in this office on April 16, 2001, you requested a classification ruling. The merchandise, whey protein concentrate, is described thus: “Proxime 875” consists of 73 percent protein (minimum), 8 percent lactose (maximum), 8 percent fat (maximum), 7 percent minerals (maximum), and 5 percent moisture (maximum). It is exported in 15 kilogram sacks. “Proxime 880” consists of 80 percent protein (minimum), 7 percent lactose (maximum), 6 percent minerals (maximum), 6 percent fat (maximum), and 5 percent moisture (maximum). It is exported in 15 kilogram sacks. The applicable subheading for “Proxime 875” (item 1) and “Proxime 880” (item 2), if containing not more than 80 percent whey proteins, will be 0404.10.0500, 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, 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 8.5 percent ad valorem. The applicable subheading for “Proxime 880” (item 2), if containing more than 80 percent whey proteins, will be 3502.20.0000, 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, milk albumin, including concentrates of two or more whey proteins. The rate of duty will be free. Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Food and Drug Administration may be addressed to that agency at the following location: U.S. Food and Drug Administration Division of Regulatory Guidance HFF 314, 200 C Street, S.W. Washington, DC 20204 Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location: A.P.H.I.S. Veterinary Services Federal Building, Room 756 6505 Belcrest Road Hyattsville, MD 20782 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 Thomas Brady at 212-637-7064. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division