CLA-2-04:OT:RR:NC:2:231
Mr. Brandon J. Skarsten
The Milky Whey, Inc.
PO Box 8188
Missoula, MT 59803
RE: The tariff classification of a dairy solids blend from Canada.
Dear Mr. Skarsten:
In your letter dated June 10, 2011, you requested a tariff classification ruling.
The item in question is identified as a “Dairy Product Solids Blend” made by co-drying milk permeate (90%) and fluid whey (10%). The permeate component is described as the product obtained by removing, via ultra-filtration, milk protein and fat from milk. The finished, co-dried blend is said to have the following composition, by weight:
Lactose 84.00%
Ash 6.40%
Moisture 4.75%
Protein 4.25%
Fat 0.60%
Based on the submitted information, the product appears to be a mixture of whey constituents whose proportions differ from those of ordinary dried whey. (The latter would normally have a significantly higher protein content and a lower lactose content than found in the subject blend.)
You state that the product will be used for edible applications in the food service industry. It is assumed that it will be imported in non-retail containers, and will generally be further processed, or mixed with other ingredients, by industrial, commercial or institutional entities prior to being suitable for consumption by ultimate consumers.
The applicable subheading for the “Dairy Product Solids Blend,” 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…: whey and modified whey, whether or not concentrated…: modified whey: other (than whey protein concentrates): described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 13% ad valorem.
The applicable subheading for the “Dairy Product Solids Blend,” 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…: whey and modified whey, whether or not concentrated…: modified whey: other (than whey protein concentrates): other. The general rate of duty will be $1.035 per kilogram + 8.5% 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 merchandise may also be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact that agency regarding possible applicable regulations at the following location:
U.S. Department of Agriculture
APHIS, VS, NCIE
Products Program
4700 River Road, Unit 40
Riverdale, MD 20737-1231
Telephone number: (301) 734-3277
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