The tariff classification of a modified whey product from France.

NY F89203 August 3, 2000 CLA-2-04:RR:NC:2:231 F89203 CATEGORY: Classification TARIFF NO.: 0404.10.1100; 0404.10.1500 Mr. Ralph Navedo Inter-Maritime Forwarding Company, Inc. 39 Broadway New York, NY 10006 RE: The tariff classification of a modified whey product from France. Dear Mr. Navedo: In your letter, dated June 26, 2000, you requested a classification ruling on behalf of your client, Ferrero USA, Inc., Somerset, NJ. The submitted sample, “Demineralized Whey Powder,” is comprised of reduced minerals whey in powder form. It contains by weight 77-81 percent lactose, 11-13 percent whey protein, 4.5 percent maximum ash, 4 percent maximum moisture, 1.5 percent maximum fat, and 1.5 percent maximum acidity. The pH is 6.2-6.6 This product will be used as a substitute for skim milk in the production of “Nutella.” The applicable subheading for reduced minerals whey, if entered under quota, will be 0404.10.1100, 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, described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 13 percent ad valorem. The applicable subheading for reduced minerals whey, if entered outside the quota, will be 0404.10.1500, 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, other, other. The rate of duty will be $1.035 per kilogram, plus 8.5 percent ad valorem. In addition, products classified in subheading 0404.10.1500, HTS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.50 – 9904.05.01, subchapter IV, chapter 99. 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: U.S. Food and Drug Administration Division of Regulatory Guidance HFF 314, 200 C Street, S.W. Washington, DC 20204 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 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 Thomas Brady at 212-637-7064. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division