CLA-2-35:S:N:N7:236 887510

Mr. Gary Huebner
NCT & Associates
217 52nd St.,
Suite 21,
W. Des Moines, IA 50265

RE: The tariff classification of Potato Protein Concentrate and Edible Modified Potato Starch ("Skronet") from Poland.

Dear Mr. Huebner:

In your letter dated June 14, 1993, you requested a tariff classification ruling on the following products. The prospective imports are as follows: 1) Potato Protein Concentrate -Sample forwarded to the United States Customs Laboratory was reported out as a "product containing about 81% protein, 7% carbohydrate, 2.5% ash and 10% water." It is used as an animal feed additive. The applicable subheading for the Potato Protein Concentrate will be 3504.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other protein substance and their derivatives, not elsewhere specified or included. The duty rate will be 7.9 percent ad valorem. 2) Edible Modified Potato Starch "Skronet" sample forward to the United States Customs Laboratory was reported out as "a modified starch". The starch is chemically modified by the action of sodium tripolyphosphate and sodium trimetaphosphate on the potato granules.

The applicable subheading for the Edible Modified Potato Starch will be 3505.10.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other modified starch. The duty rate will be 1.1 cents/kg. 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