NY E88096

October 21, 1999

CLA-2-04:RR:NC:2:231 E88096

CATEGORY: Classification

TARIFF NO.: 0404.90.1000

Mr. Christian Emmanuel

Cemma International, Inc.

4829, avenue Rosedale

Montreal, Quebec H4V 2H3

RE: The tariff classification and status under the North American Free
Trade Agreement (NAFTA) of milk protein concentrate from Canada and the
European Union.

Dear Mr. Emmanuel:

In your letter, dated September 28, 1999, you requested a classification
ruling on behalf of your client Le Groupe Lactel, Boucherville, Quebec.

The merchandise, milk protein concentrate, is described thus:

1\. Product code 100228 is milk protein in powder form. The ingredients
are 42.5 percent protein, 43 percent lactose, 8.5 percent ash, 5 percent
moisture, and 1 percent fat. It will be used in the production of
yogurt, cultured milk products, and other fresh dairy products.

2\. Product code 100229 is milk protein in powder form. The ingredients
are 57 percent protein, 30 percent lactose, 8 percent ash, 4 percent
moisture, and 1 percent fat. It will be used to increase and standardize
the protein level of raw materials used in dairy products.

3\. Product code 100181 is milk protein in powder form. The ingredients
are 71 percent protein, 16 percent lactose, 8 percent ash, 4 percent
moisture, and 1 percent fat. It will be used to increase and standardize
the protein level of raw materials used in dairy products.

4\. Product code 100182 is milk protein in powder form. The ingredients
are 85 percent protein (on a dry basis), 7.5 percent ash, 5.5 percent
lactose, 5 percent moisture, and 1 percent fat. It will be used to
increase and standardize the protein level of raw materials used in
dairy products.

During the manufacturing process raw milk undergoes pasteurization,
skimming, ultrafiltration, evaporation, drying, and packaging. All items
will be packed in poly lined paper bags of 20-25 kilograms or in tote
bags of 800 kilograms. They will be sold to agri-food manufacturing
companies as raw material or food ingredients.

The applicable subheading for milk protein concentrate (product codes
100228, 100229, 100181, and 100182 - items #1-4 listed above) will be
0404.90.1000, 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, other, milk protein
concentrates. The general rate of duty will be 0.38 cents per kilogram.

The milk protein concentrate, if wholly obtained or produced entirely in
the territories of Canada, Mexico, and/or the United States, will meet
the requirements of HTSUSA General Note 12(b)(i). Alternately, if the
constituent ingredients are sourced in a non-NAFTA country, the milk
protein concentrate will meet the requirements of HTSUSA General Note
12(t)(4). Under either General Note these goods will be entitled to a
free rate of duty under the NAFTA.

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 181 of the
Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued
and may be relied on only by that party.

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