Last September, the agency received a petition from the National Milk Producers Federation requesting that dairy protein blends be classified under the Harmonized Tariff Schedule heading 0402, which provides for “milk and cream, concentrated or containing added sugar or other sweetening matter.”
In 1994 and 1998, Customs issued ruling letters from New York stating that dairy protein blends should be classified under HTS heading 0404, “milk protein concentrates,” which aren’t subject to quota. The agency said it “determined that the classification contained in the rulings. was correct.”
“Unfortunately, any materials which might have been included in the original case files were lost in the destruction of the New York Customs House at the World Trade Center on Sept. 11, 2001,” the agency said.
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