The tariff classification of Milk Protein Concentrate from Mexico

N282563 February 8, 2017 CLA-2-04:OT:RR:NC:N4:231 CATEGORY: Classification TARIFF NO.: 0404.90.1000 Mr. John Sherman John A. Steer Co. 2100 Coral Way Suite No. 501 Miami, FL 33145 RE: The tariff classification of Milk Protein Concentrate from Mexico Dear Mr. Sherman: In your letter dated January 15, 2017, you requested a tariff classification ruling on behalf of your client, Interfood Inc. (Miami, FL). The subject merchandise, “Milk Protein Concentrate 85” is a fine white to light cream powder composed of protein (85 percent), lactose (8 percent), fat (6 percent), ash (8 percent), and moisture (6 percent). The pH is 7.2 percent.  The product is a spray dried, ultrafiltered milk protein derived from pasteurized skim milk. It is designed to be an ingredient in nutritional food products. Milk Protein Concentrate 85 will be imported in a polyethylene bag with a content net weight of 16kg (35.27lb). The applicable subheading for the Milk Protein Concentrate 85, will be 0404.90.1000, 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: Other: Milk Protein Concentrates. The rate of duty will be 0.43 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. 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 (USDA) may be addressed to that agency at the following location: USDA APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 851-3300 Email: AskNCIE.Products@aphis.usda.gov 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, contact National Import Specialist Ekeng Manczuk at Ekeng.Manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division