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NY R02746

November 15, 2005

CLA-2-21:RR:NC:N2:228 R02746


TARIFF NO.: 2106.10.0000

Ms. Lauren Wells
Tatua Co-Operative Dairy Company Ltd.
Private Bag 800
Morrinsville, New Zealand

RE: The tariff classification of a food ingredient from New Zealand

Dear Ms. Wells:

In your letter dated October 27, 2005 you requested a tariff classification ruling.

Technical information was submitted with your letter. Product no. HCP338 Extensively Hydrolyzed Protein is described as a tan-colored, free-flowing powder produced by enzyme hydrolysis of coagulated milk. The product contains approximately 70 percent protein and 14 percent fat. It will be packed in plastic-lined paper bags containing 20 kilograms, net weight, and used as an ingredient in food flavoring and seasoning applications.

The applicable subheading for this product will be 2106.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedprotein concentrates and textured protein substances. The rate of duty will be 6.4 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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