The tariff classification of a powdered dairy ingredient from an unspecified country.

N115542 July 27, 2010 CLA-2-04:OT:RR:NC:2:231 CATEGORY: Classification TARIFF NO.: 0404.90.3000; 0404.90.5000 Mr. Brandon Skarsten TMW International, Inc. 910 Brooks Street, Suite 203 Missoula, MT 59801 RE: The tariff classification of a powdered dairy ingredient from an unspecified country. Dear Mr. Skarsten: In your letter dated July 15, 2010, you requested a tariff classification ruling. The item in question is identified as “Nonfat Solids 20,” which is said to be a dry dairy ingredient in powder form consisting of 63 percent sweet whey powder, 31 percent whey protein concentrate (34% protein content), and 6 percent nonfat dry milk. Its principal use is said to be in food and feed applications as a protein source. Overall, the product is stated to contain 20 percent protein, 1.5 percent fat (maximum), 9.0 percent ash (maximum), 4.0 percent moisture (maximum) and 66.0 percent carbohydrates. For the purposes of this ruling, it is assumed that the product will be imported in bulk or in non-retail packaging. The applicable subheading for the above-described “Nonfat Solids 20,” if entered under quota, will be 0404.90.3000, 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, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included: other: other: dairy products described in additional U.S. Note 1 to chapter 4: described in additional U.S. Note 10 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 14.5% ad valorem. The applicable subheading for the above-described “Nonfat Solids 20,” if entered outside the quota, will be 0404.90.5000, HTSUS, 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: other: other: dairy products described in additional U.S. Note 1 to chapter 4: other. The general rate of duty will be $1.189 per kilogram plus 8.5% ad valorem. Also, products classified in subheading 0404.90.5000, HTSUS, will be subject to additional safeguard duties based upon their value, as described in subheadings 9904.04.67—9904.04.74. 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