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NY 873063

April 30, 1992



TARIFF NO.: 2106.90.6099

Mr. Dean A. Scichitano
Wyeth Nutritionals Inc.
Georgia Dairy Industrial Park
P.O. Box 815
Milton, VT 05468

RE: The tariff classification of whey protein hydrolysate powder from Ireland

Dear Mr. Scichitano:

In your letters dated March 30, 1992 and February 12, 1992, you requested a tariff classification ruling.

The product is a powder made by hydrolyzing a mixture of whey protein concentrate and lactose. The starting material, whey protein concentrate in powder form, is said to have a protein content of approximately 80 percent. This material is rehydrated with water, mixed with lactose, and hydrolyzed by the addition of a specific blend of enzymes. The hydrolyzed mixture is filtered, pasteurized, evaporated, and spray dried, resulting in a product consisting of approximately 71 percent lactose, 23 percent protein, ash, and less than one percent fat. This powder will be used for research and evaluation as an ingredient in infant formulas.

The applicable subheading for the whey protein hydrolysate powder will be 2106.90.6099, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...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.


Jean F. Maguire
Area Director

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