The tariff classification of dry milk, whey protein concentrate, and whey protein isolate from New Zealand.

N253122 May 27, 2014 CLA-2-04:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 0402.10.1000; 0402.10.5000; 0402.21.3000; 0402.21.5000; 3502.20.0000 Ms. Stacey Aaronson White Cloud Nutrition 2355 Westwood Blvd. PMB 346 Los Angeles, CA 90064 RE: The tariff classification of dry milk, whey protein concentrate, and whey protein isolate from New Zealand. Dear Ms. Aaronson: In your letter dated May 6, 2014, you requested a tariff classification ruling. Product information sheets pertaining to four items accompanied your request. The first item is skim milk powder (“instant for dry processing nutritional applications”). In our understanding, this product is of a kind typically made by spray-drying fresh pasteurized skim milk. The powder is said to have a fat content of 1.25% (maximum), a moisture content of 4.5% (maximum) and a protein content of approximately 34%. The applicable subheading for the skim milk powder, if entered under quota, will be 0402.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for milk and cream, concentrated or containing added sugar or other sweetening matter: in powder, granules or other solid forms, of a fat content, by weight, not exceeding 1.5 percent: described in additional U.S. note 7 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 3.3 cents per kilogram. The applicable subheading for the skim milk powder, if entered outside the quota, will be 0402.10.5000, HTSUS, which provides for milk and cream, concentrated or containing added sugar or other sweetening matter: in powder, granules or other solid forms, of a fat content, by weight, not exceeding 1.5 percent: other. The rate of duty will be 86.5 cents per kilogram. Also, products classified in subheading 0402.10.5000, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.22—9904.04.29. The second item is “whole milk powder 28% fat,” described as a soluble powder made by spray-drying fresh pasteurized whole milk. It is said to have a fat content of 28.8%, a moisture content of 3.3% and a protein content of 24.3% (all typical/approximate numbers). The applicable subheading for the “whole milk powder 28% fat,” if entered under quota, will be 0402.21.3000, HTSUS, which provides for milk and cream, concentrated or containing added sugar or other sweetening matter: in powder, granules or other solid forms, of a fat content, by weight, exceeding 1.5 percent: not containing added sugar or other sweetening matter: of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent: described in additional U.S. Note 8 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 6.8 cents per kilogram. The applicable subheading for the “whole milk powder 28% fat,” if entered outside the quota, will be 0402.21.5000, HTSUS, which provides for milk and cream, concentrated or containing added sugar or other sweetening matter: in powder, granules or other solid forms, of a fat content, by weight, exceeding 1.5 percent: not containing added sugar or other sweetening matter: of a fat content, by weight, exceeding 3 percent but not exceeding 35 percent: other. The rate of duty will be $1.092 per kilogram. Also, products classified in subheading 0402.21.5000, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.31—9904.04.38. Imports under subheadings 0402.10.1000 and 0402.21.3000, HTSUS, require an import license, in accordance with terms and conditions provided in regulations issued by the Secretary of Agriculture, subject to the approval of the United States Trade Representative (USTR). The regulations may provide for the reallocation among supplying countries or areas of unfilled quantities, subject to USTR approval. Questions regarding licensing procedures and applications for licenses to import dairy products subject to quota should be addressed to: Import Quota Manager for Dairy Products U.S. Department of Agriculture Stop 1029 1400 Independence Avenue, SW Washington, DC 20250-1029 Tel: (202) 720-1344 Fax: (202) 720-6556 The third item, “whey protein concentrate 480,” is a soluble powder made by subjecting fresh whey to an ultrafiltration process. It is said to be suitable for use in dry mix beverages and nutritional products. It contains 8.1% lactose, 5.7% fat, 4.2% moisture and 2.9% ash. Based on the submitted data, the protein content on a dry basis is calculated to be approximately 82.56%. The fourth item, “whey protein isolate 894,” is a soluble powder made by subjecting whey to cross-flow micro-filtration and ultrafiltration. It is said to be suitable for use in nutritional powdered beverages. It contains 0.9% lactose, 1% fat, 4.7% moisture and 3% ash. Based on the submitted data, the protein content on a dry basis is calculated to be approximately 94.86%. The applicable subheading for the “whey protein concentrate 480” (provided that its protein content exceeds 80% on a dry basis) and for the “whey protein isolate 894” will be 3502.20.0000, 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 rate of duty will be free. 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/. Importations of this merchandise are subject to regulations administered by various U.S. agencies. Requests for information regarding applicable regulations administered by the U.S. Department of Agriculture (USDA) may be addressed to that agency at the following location: USDA APHIS, VS, NCIE Products Program 4700 River Road, Unit 40 Riverdale, MD 20737-1231 Tel: (301) 851-3300 Email: [email protected] 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 the FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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 the email address [email protected]. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division