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NY M84351

October 19, 2006

CLA-2-35:RR:NC:SP:236 M84351


TARIFF NO.: 3504.00.5000

Ms. Kristina Neumann
PBM Nutritionals, LLC
P.O.Box 2109
Georgia, VT 05468

RE: The tariff classification of Lacprodan DI-3071 from Denmark

Dear Ms. Neumann:

In your letter dated June 15, 2006 you requested a tariff classification ruling. Our laboratory analyzed the sample that you submitted.

Lacprodan DI-3071 contains hydrolyzed protein consisting predominately of peptides with small amounts of amino acids.

You indicate in your letter that this whey protein hydrolysate will be used in a partially hydrolyzed infant formula.

The applicable subheading for the Lacprodan DI-3071 will be 3504.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Peptones and their derivatives, other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other. The rate of duty will be 4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Debra Wholey at 646-733- 3034.


Robert B. Swierupski

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