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NY D81109

August 28, 1998

CLA-2-04:RR:NC:2:231 D81109


TARIFF NO.: 0404.90.3000; 0404.90.5000

Mr. John Monsalve
Preferred Services, Inc.
80 River Street, Fifth Floor
Hoboken, NJ 07030

RE: The tariff classification of a dairy product from France.

Dear Mr. Monsalve:

In your letter, dated August 10, 1998, you have requested a tariff classification ruling on behalf of your client, Besnier-Scerma USA, Wapakoneta, OH.

The merchandise, "BB 241," is a dairy powder that will be used as a cream base. The ingredients are 70 percent calcium caseinate and 30 percent whey powder. It contains, by weight, 36.4 percent protein, 6.3 percent ash, 3.9 percent moisture, and 0.75 percent fat. The pH is 6.5.

The applicable subheading for "BB 241," if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 0404.90.3000, 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, dairy products described in additional U.S. note 1 to chapter 4, described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 14.5 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 0404.90.5000, HTS, and will be dutiable at US $1.259 per kilogram, plus 9 percent ad valorem. In addition, products classified in subheading 0404.90.5000, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 - 9904.05.01, HTS.

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.


Robert B. Swierupski

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