CLA-2-35:OT:RR:NC:2:236
Mr. John R. Sherman
John A. Steer Co.
2100 Coral Way, Suite 501
Miami, FL 33145
RE: The tariff classification of “Milk Protein Isolate” from Mexico and the applicability of any trade programs or agreements
Dear Mr. Sherman:
In your ruling request dated January 15, 2017, on behalf of your client, Interfood Inc., you requested a tariff classification ruling on “Milk Protein Isolate.”
You have described the product at issue as a fresh skim milk based protein isolate, containing by weight, move than 80% whey protein. Your submission indicates that “Milk Protein Isolate” is white to light cream in color and milky in flavor. It will be imported in fine powder form, packaged in sixteen kilogram, polyethylene-lined paper bags.
The applicable subheading for “Milk Protein Isolate” will be 3502.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: Milk albumin, including concentrates of two or more whey proteins. The general rate of duty will be free.
You have also inquired about the applicability of any trade programs or agreements. Trade programs and agreements do not apply to products classified under 3502.20.0000.
This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is administered by the Food and Drug Administration (FDA). Information concerning FDA import requirements and regulations can be obtained by contacting the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: (888) 463-6332. 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.
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 https://hts.usitc.gov/current.
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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division