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NY 855147

August 31, 1990



TARIFF NO.: 0404.90.6060

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of CONDENSED WHEY SOLUBLES from Canada.

Dear Mr. LeClair:

In your letter dated August 2, 1990, you requested a tariff classification ruling on behalf of your client, Moulees Miracle Feeds of Chateauguay in Quebec, Canada.

CONDENSED WHEY SOLIDS is described as a concentrated liquid whey, from which most of the whey proteins have been removed by ultrafiltration. This concentrate is said to have a dry matter content of about 25 to 30 percent by weight. The typical composition of the dry matter content includes, by weight, lactose (about 82.2 percent), crude protein (about 4.6 percent), potassium (about 6.6 percent), and small amounts of calcium and phosphorus. This produt contains virtually no butterfat. This concentrate will be imported in liquid form and used, primarily, in animal feeding.

The applicable subheading for CONDENSED WHEY SOLUBLES, as described above, will be 0404.90.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for Other products consisting of natural milk con- stituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included. The duty rate will be 10 percent ad valorem.

Goods classifiable under subheading 0404.90.6060, HTS, which have originated in the territory of Canada will be entitled to an 8 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

The question of classification for MIRACLE MIRA 10 MALTLAGE is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.

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.


Jean F. Maguire
Area Director

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