The tariff classification of ultrafiltered buttermilk products from Australia or New Zealand.

N057480 April 28, 2009 CLA-2-04:OT:RR:E:NC:2:231 CATEGORY: Classification TARIFF NO.: 0404.90.1000 Mr. Simon Cook Fonterra USA Inc. 9525 West Bryn Mawr Ave., Suite 700 Rosemont, IL 60018 RE: The tariff classification of ultrafiltered buttermilk products from Australia or New Zealand. Dear Mr. Cook: In your letter dated April 13, 2009, you requested a tariff classification ruling. The two products in question, identified as BCP50 and BCP60, are said to be manufactured from buttermilk that has gone through ultrafiltration. The ultrafiltration process removes some of the buttermilk’s lactose and minerals, thus altering its original composition. Based on the information submitted, it is assumed that BCP50 and BCP60 will be imported in a dry (powdered) form. You state that both will be used in the pediatric nutrition industry. You have provided the following table, which gives the composition of each product and, for comparison purposes, the typical composition of ordinary, unaltered dried buttermilk (powder): Typical dried BCP50 BCP60 buttermilk Protein (casein + lactalbumin) 49.70% 57.30% 32.00% Total Fat 35.60% 21.00% 7.80% Lactose 7.80% 13.00% 50.00% Ash 4.20% 5.70% 7.20% Water 2.70% 3.00% 3.00% The applicable subheading for the BCP50 and the BCP60 will be 0404.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … 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 http://www.usitc.gov/tata/hts/. 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 FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. These goods are also subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location: U.S. Department of Agriculture APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Telephone number: 301-734-3277 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 Nathan Rosenstein at (646) 733-3030. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division