CLA-2-04:RR:NC:2:231 D84057
Ms. Joyce Duquette
Fritz Companies, Inc.
100 Walnut Street, Door 20
P.O. Box 2874
Champlain, NY 12919
RE: The tariff classification of modified whey from Canada.
Dear Ms. Duquette:
In your letter, dated October 27, 1998, you have requested a
tariff classification ruling on behalf of your client, Saputo
Group, Inc.
The merchandise, which is called, "Mother Liquor," is a
modified whey product. The ingredients are 53 percent lactose,
24 percent organic acids, 16 percent minerals, and 6 percent
protein. The product contains ash, iron, zinc, potassium,
manganese, copper, phosphorus, calcium, sodium, and fat. The pH
is 3.05.
During the manufacturing process, cheese whey is pumped
through an ultrafiltration system (UF) that retains large protein
molecules. UF produces two commodities - the retentate (that
will be dried and marketed separately as whey protein
concentrate) and the permeate (a liquid). The permeate undergoes
concentration and crystallization, and these processes result in
the manufacture of two products - lactose (that will be sold
separately) and the modified whey product that is identified as
"Mother Liquor").
In your correspondence you indicate that "Mother Liquor"
will be manufactured in Canada from cheese whey of U.S. origin.
The applicable subheading for the modified whey product that
is called, "Mother Liquor," will be 0404.10.1500, 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, whey and
modified whey, whether or not concentrated or containing added
sugar or other sweetening matter, modified whey, other, other.
The rate of duty will be US $1.096 per kilogram, plus 9 percent
ad valorem.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 CFR 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 Ralph
Conte at (212) 466-5759.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division