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NY A80086





February 23, 1996

CLA-2-04:RR:NC:FC:231 A80086

CATEGORY: CLASSIFICATION

TARIFF NO.: 0404.90.7000

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 a dairy product from Canada; Article 509 Dear Ms. Hutton:

In your letter, dated January 5, 1996, you requested a tariff classification ruling on behalf of your client, Ault Foods Ltd., Etobicoke, Ontario.

The product, "Aultpro 201," is a dairy ingredient in powder form that consists of whey protein concentrate and non-fat dry milk. The principal use is as a fat replacer in the manufacture of confectionery and dessert products. The ingredients will be lactose (46.5 - 56.5 percent), protein (34.0 - 37.0 percent), ash (6.0 - 8.5 percent), moisture (2.0 - 5.0 percent), and fat (1.5 - 4.5 percent). The percentage of non-fat dry milk will be 3 - 6 percent. The pH will be 5.9 - 6.6 percent.

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

The applicable subheading for Aultpro 201 will be 0404.90.7000, 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, other, other. The general rate of duty will be 9.5 percent ad valorem.

Aultpro 201, 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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