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NY N020518




May 9, 2008

CLA-2-35:OT:RR:NC:N2:236

CATEGORY: CLASSIFICATION

TARIFF NO.: 3504.00.1000

Ms. Susie Hoeger
Abbott Laboratories
Customs & Trade Compliance
D-03CC. Bldg. AP6D
100 Abbott Park, IL 60064-6056

RE: The tariff classification of milk protein isolate

Dear Ms. Hoeger:

In your letter dated December 19, 2007 you requested a tariff classification ruling. The sample which you submitted was forwarded to the Customs and Border Protection laboratory for analysis.

The milk protein isolate is an off white powder that contains 93.1 percent protein. The milk protein isolate will be used as an ingredient in nutritional and meal replacement products.

The applicable subheading for the milk protein isolate will be 3504.00.1000, 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: Protein isolates . The rate of duty will be 5 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.

Sincerely,

Robert B. Swierupski
Director,

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