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NY H88643

February 19, 2002

CLA-2-04:RR:NC:2:231 H88643


TARIFF NO.: 0404.10.0500

Mr. Frank Reeves, Sr.
Agri-Dairy Products, Inc.
3020 Westchester Avenue
Purchase, NY 10577

RE: The tariff classification of whey protein concentrate from India.

Dear Mr. Reeves:

In your letter, dated February 7, 2002, you requested a tariff classification ruling.

The merchandise, “Whey Protein Concentrate 34 Percent” (“WPC 34 Percent”), is manufactured from sweet dairy whey that has been concentrated to a 35 percent protein level, and then spray dried. The product is a homogeneous, free flowing, semi-hygroscopic powder with a bland flavor. The ingredients are, on an “as is” basis, lactose (55 percent maximum), protein (34 percent minimum), ash (10 percent maximum), fat (6 percent maximum), and moisture (5 percent maximum). The pH is 5.8 – 6.8. The product is packed in Kraft® multiwall bags incorporating a polyethylene bag liner, and individually closed. It is available in net weights of 25 kilograms, 50 pounds, or super sacks made to the specifications of the buyers.

The applicable subheading for whey protein concentrate 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 rate of duty will be 8.5 percent ad valorem.

Subheading 0404.10.0500, HTSUS, is currently listed as an eligible subheading for duty purposes under the Generalized System of Preferences (GSP). Goods classifiable under this subheading, which are products of India, may be entitled to duty free treatment under this GSP provision, upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

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 Thomas Brady at (646) 733-3030.


Robert B. Swierupski

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