CLA-2-04:S:N:N7:231 800374

Mr. John Dickerson
Fundco, Inc.
c/o Select Ingredients
263 N. Forman Street
Detroit, MI 48209

RE: The tariff classification of milk protein concentrate from Canada.

Dear Mr. Dickerson:

In your letter, dated July 10, 1994, you requested a tariff classification ruling. The merchandise is milk protein concentrate. In your correspondance you state that the ingredients will be lactose (42.2 percent, +/-0.5 percent), protein (41.5 percent, +/-0.5 percent), ash (8.2 percent, +/- 0.5 percent), moisture (4.1 percent, +/- 0.3 percent), and fat (2.5 percent, +/- 0.5 percent).

The product will be used as an ingredient in bakery products.

The applicable subheading for the milk protein concentrate will be 0404.90.1000, 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, other, milk protein concentrates. The general rate of duty will be 0.44 cents per kilogram.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport