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NY A80028





February 27, 1996

CLA-2-04:RR:NC:FC:231 A80028

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.10.0500

Ms. Barbara Hutton
McCarthy Consultant Services, Inc.
1151 Gorham Street, Unit 8
Newmarket, Ontario L3Y 7V1
Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of whey protein concentrate from Canada; Article 509 Dear Ms. Hutton:

In your letter, dated January 17, 1996, you requested a tariff classification ruling on behalf of your client, Ault Foods Ltd., Etobicoke, Ontario.

The product, "Dairy-Lo II," is a dairy ingredient in powder form that consists of a blend of two kinds of whey protein concentrate. The principal use is as a fat replacer in the manufacture of reduced and low fat cheese products, and other applications (i.e: reduced fat sauces and bakery fillings). The ingredients will be lactose (45.0 - 55.0 percent), protein (33.0 - 37.0 percent), ash (6.0 - 7.2 percent), sediment (2.0 percent maximum), moisture (1.0 - 4.5), and milk fat (1.0 - 4.5 percent). The pH will be 6.0 - 6.6 percent.

The constituent ingredients and the final product are of 100 percent Canadian origin.

The applicable subheading for Dairy-Lo II will be 0404.10.0500, 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, whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter, modified whey, whey protein concentrates. The general rate of duty will be 9.5 percent ad valorem. Dairy-Lo II, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 2 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Ralph Conte at (212) 466-5759.

Sincerely,

Roger J. Silvestri
Director

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