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NY H88693

February 28, 2002

CLA-2-04:RR:NC:2:231 H88693


TARIFF NO.: 0404.10.0500

Mr. George Ferre
Nazco, Inc.
611 Rockland Road, Suite 207
Lake Bluff, IL 60044-2000

RE: The tariff classification of whey protein powder from the Netherlands.

Dear Mr. Ferre:

In your letter, dated February 2, 2002, you requested a tariff classification ruling.

The merchandise, “WPCKING,” is comprised of whey protein powder form. The ingredients are 50 percent milk sugars (i.e., about 43 percent of lactose and 7 percent of glucose and galactose), 27 percent whey protein, 17.5 percent ash, 3.5 percent moisture, 2 percent fat, and vitamins A, C, and D3.

The whey protein concentrate is manufactured from rennet whey by evaporation, lactose crystallization and separation, and then spray drying the mother liquor. The product is mixed with vitamins A, C, and D3 (these vitamins contain a flavoring ingredient, either coconut or vanilla aroma). The manufacturing process, including the addition of vitamins and flavoring, is conducted in the Netherlands.

The product will be used to manufacture dry and liquid feed for cattle and pigs. Animal feed manufacturers blend amounts of “WPCKING” with one or more sources of protein, fat, and feed elements. The typical protein content of the final feed product will vary between 18-26 percent, depending on the use of the final feed product.

The applicable subheading for whey protein powder 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.

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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