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NY 812858

August 3, 1995

CLA-2-04:S:N:N7:231 812858


TARIFF NO.: 0404.90.1000

Mr. Arthur Rappaport
Excelpro Inc.
127 West 79th Street, Suite 10 A
New York, NY 10024

RE: The tariff classification of milk protein concentrate from Argentina.

Dear Mr. Rappaport:

In your letter, dated June 22, 1995, you have requested a tariff classification ruling.

The product, K-Pro II, is milk protein concentrate. The ingredients are protein (80.5 percent), ash and minerals (8.5 percent), moisture (6.0 percent), carbohydrates (5.0 percent), and fat (0.5 percent). The pH is 9 percent.

K-Pro II is derived from fluid whole milk in the following manner: First, whole milk is pasteurized and separated into cream and skim milk. The skim milk is heated and coagulated. The protein constituents, in combination with lactose and soluble salts, are filtered from the serum. The resulting liquid, containing most of the protein that is present in raw milk, is then dried and bagged. The product is packaged in 50 pound multiwall bags with polyethelene liners.

Milk protein concentrate provides a creamy, non-starchy texture and flavor release in food. It is used in low fat foods, high protein energy drinks, health drinks, pharmaceutical products, and other food applications.

The applicable subheading for the milk protein concentrate, K-Pro II, 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.

Articles classifiable under subheading 0404.90.1000, HTS, which are products of Argentina, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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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