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NY N016496

September 10, 2007



TARIFF NO.: 2106.10.0000

Mr. John Smirnow
Pisani & Roll
1629 K Street NW
Washington, DC 20006

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

Dear Mr. Smirnow:

In your letter dated August 28, 2007, on behalf of Fonterra, Camp Hill, PA, you requested a tariff classification ruling.

A sample and descriptive literature were submitted with your letter. The sample was examined and disposed of. The product, NZMP Protein Crisp 8001, is a material in the form of dry, crisp, off-white colored “bits,” approximately ¼ to 3/8-inch in length and ¼-inch in diameter, composed of 90 percent whey protein isolate and 10 percent rice flour. It is prepared by combining the two ingredients with water, extruding under high temperature and pressure, and drying to a final moisture content of 3 percent. Product literature declares the protein content to be 82.5 percent on a dry basis. It will be imported in plastic-lined boxes containing between 15 and 25 kilograms, and used as an ingredient in a variety of human food products.

In your letter, you suggested the good should be classified in subheading 3502.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), the provision for milk albumin, including concentrates of two or more whey proteins. We do not agree. Noting the product’s ingredient composition, method of manufacture, presentation, and use, it will be classified elsewhere.

The applicable subheading for the NZMP Protein Crisp 8001 will be 2106.10.0000, HTSUS, 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.

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 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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