HQ 084146: HRL 083307 affirmed. Modified diary powder.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 084146

                                    August 3, 1989

            CLA-2 CO:R:C:G  084146  JGH

            CATEGORY: Classification

            TARIFF NO.:  1901.90.4000

            Mr. Bernard A. Trugman
            Trugman-Nash, Inc.
            90 West Street
            New York, New York  10006

            RE:  HRL 083307 affirmed.  Modified diary powder.

            Dear Mr. Trugman:

                 Your letter of April 3, 1989, concerns Customs
            Headquarters Ruling 083307, dated March 13, 1989, on the
            classification on a modified dairy powder, TRU-PRO 224, under
            the Harmonized Tariff Schedule of the United States (HTSUS).

                 TRU-PRO, which is used in the baking industry, is said to
            be composed of 32.5 percent whey powder, 30 percent whole milk
            solids, 20 percent butter solids, and 17.5 percent sodium
            caseinate.  The product was classified as a food preparation of
            goods of heading 0401 to 0404 in subheading 1901.90.4000,
            HTSUS, and subject to the quota restraints of subheading
            9904.10.81, HTSUS.

                 We do not agree that TRU-PRO is not classifiable in
            subheading 1901 because the heading does not include mixtures;
            nor do we believe that since the product is not described in
            any one heading, GRI 3(b) requires that it must be classified
            according to its essential character, which you contend is the
            sodium caseinate.

                 The Explanatory Notes to the HTSUS are the official
            interpretation of the provisions on the international level.
            While the wording in heading 1901 may not include  mixtures, it
            is clear from the examples provided in the Explanatory Notes
            that the preparations mentioned include mixtures.  Our
            classification is based on TRU-PRO 224 being essentially a milk
            based product, since over 62 percent of its components are milk
            constituents, and while sodium caseinate and butter solids may
            not be found in milk as such, even in their modified form in
            the product, TRU-PRO remains a dairy product based on the milk
            constituents found in 0401 to 0404.

                 While an argument may be made for classification of this
            product under heading 2106, Other Food Preparations Not
            Elsewhere Specified Or Included, since the product is one based










            on goods of 0401 to 0404, heading 1901 is the most specific.
            It is our view that sodium caseinate is but one of the
            ingredients in the mixture and there is no basis for
            considering it to the exclusion of the others.




























































                                         - 2 -

                 TRU-PRO 224 is properly classified in subheading
            1901.90.4000, HTSUS, the heading which most specifically
            describes it.

                 HQ 083307 is affirmed.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division