CLA-2-04:RR:NC:SP:231 M85352

Ms. Catherine Gensch
Maersk Customs Services Inc.
725 N. Central Avenue
Wood Dale, IL 60191

RE: The tariff classification of a mineral-rich milk derivative to be used as a food fortifier, from Denmark.

Dear Ms. Gensch:

In your letter dated July 12, 2006, you requested a tariff classification ruling on behalf of Arla Foods Ingredients, Inc. (Basking Ridge, NJ).

A sample identified as “PSD R99,” said to be a highly nutritious, 100% natural milk-mineral product, was submitted for our examination and has been analyzed by the New York Customs Laboratory. The lab finds it to be a white powder containing 9.3% lactose, 0.45% fat, 1.59% protein (caseins, whey proteins), 7.01% moisture and 63.64% ash (in which calcium and phosphorus are major minerals).

Information accompanying your inquiry indicates that the product is produced solely from natural milk, and that nothing has been added to it. Based on a submitted flow chart, it appears that most of the fat and casein have been removed from the milk, and that subsequently the remaining whey has undergone various processes to reduce the concentration of lactose and whey proteins. The processes mentioned in the flow chart include ultrafiltration, diafiltration, reverse osmosis, evaporation, separation, heat treatment and spray drying.

You state that the product will be imported in poly-lined kraft bags (of unspecified size/weight), and that it is intended for use in the fortification of beverages and other food products.

The applicable subheading for the “PSD R99,” if entered under quota, will be 0404.10.1100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents … : modified whey, other than whey protein concentrates, described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 13% ad valorem.

The applicable subheading for the “PSD R99,” if entered outside the quota, will be 0404.10.1500, HTSUS, which provides for whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents … : modified whey, other than whey protein concentrates, other. The rate of duty will be $1.035 per kilogram plus 8.5% ad valorem. In addition, products classified in subheading 0404.10.1500, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 -- 9904.05.01.

Importations of milk and milk products are subject to import regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Food and Drug Administration may be addressed to that agency at the following location:

Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, MD 20857

Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture may be addressed to that agency at the following location:

A.P.H.I.S., Veterinary Services Federal Building, Room 756 6505 Belcrest Road Hyattsville, MD 20782

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 the FDA at 301-575-0156, or by visiting the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division