N333193

N333193 December 7, 2023 CLA-2-04:OT:RR:NC:N5:231 CATEGORY: Classification TARIFF NO.: 0404.90.1000 Ashleigh Strother Pricewaterhouse Coopers LLP 214 N Tryon Street Suite No. 4200 Charlotte, NC 28202 RE: The tariff classification of Milk Protein Concentrates from Ireland Dear Ms. Strother: In your letter dated May 30, 2023, you requested a tariff classification ruling on behalf of your client, Glanbia Ireland DAC (Kilkenny, Ireland). Samples were submitted with your ruling request and were forwarded to the Customs and Border Protection Laboratory for analysis. This analysis has been completed. We apologize for the delay. The subject merchandise consists of the following milk protein concentrate products - Solmiko MPC 1001 (81.1 percent milk protein), Solmiko MPC TGF 1004 (83.6 percent milk protein), and Solmiko HD MPC powder (84.5 percent milk protein). Each product is produced from one common ingredient which is 100 percent skimmed cow’s milk that has undergone ultra-filteration, concentration and subsequently spray dried into a powder. The products will be used to manufacture adult nutrition products. Additionally, the food applications for these products will include the manufacture of ready-to-mix beverages, sports nutrition bars, and ready-to-drink products. Solmiko MPC 1001 and Solmiko MPC TGF 1004 will be packed in sacks with a net weight of 20 kilograms. Solmiko HD MPC will be packed in sacks with a net weight of 550 kilograms. The applicable subheading for the Milk Protein Concentrates will be 0404.90.1000, 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: Milk Protein Concentrates.” The rate of duty will be 0.37 cents per kilogram. 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 https://hts.usitc.gov/current. 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: AskNCIE.Products@aphis.usda.gov 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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division

has been completed. We apologize for the delay.  The subject merchandise consists of the following milk protein concentrate products - Solmiko MPC 1001 (81.1 percent milk protein), Solmiko MPC TGF 1004 (83.6 percent milk protein), and Solmiko HD MPC powder (84.5 percent milk protein). Each product is produced from one common ingredient which is 100 percent skimmed cow’s milk that has undergone ultra-filteration, concentration and subsequently spray dried into a powder.  The products will be used to manufacture adult nutrition products. Additionally, the food applications for these products will include the manufacture of ready-to-mix beverages, sports nutrition bars, and ready-to-drink products.  Solmiko MPC 1001 and Solmiko MPC TGF 1004 will be packed in sacks with a net weight of 20 kilograms.  Solmiko HD MPC will be packed in sacks with a net weight of 550 kilograms.The applicable subheading for the Milk Protein Concentrates will be 0404.90.1000, 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: Milk Protein Concentrates.” The rate of duty will be 0.37 cents per kilogram.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 https://hts.usitc.gov/current.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