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NY 884518

May 18. 1993

CLA-2-35:S:N:N7:236 884518


TARIFF NO.: 3502.90.1000

Mr. R. W. Edger
Special Operations
Norman G. Jensen, Inc.
P.O. Box 1450
Blaine, WA 98230

RE: The tariff classification of 80% Whey Protein Concentrate from Canada.

Dear Mr. Edger:

In your letter dated March 30, 1993, on behalf of your client W. P. Foods Inc., you requested a tariff classification ruling.

The prospective import, 80% Whey Protein Concentrate, is a food grade product manufacture from sweet cheese whey, derived from the serum portion of cow's milk during the cheese manufacturing process. The product is produced by ultrafiltration of whey and spray drying the concentrated whey protein.

Samples were forwarded to the United States Customs Laboratory with the following results:

Items Percent of Weight (Dry Basis)
Fat 6.10%
Protein 83.9%
Ash 9.1% and contains no Lactose.

The applicable subheading for the 80% Whey Protein Concentrate will be 3502.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for albumins, albuminates and other albumin derivative, other, lactalbumin. The duty rate will be Free.

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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