Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter:
962142 · 1999-05-12 — Protest 3701-98-100018, Esprion 250
This is our decision on Protest 3701-98-100018, timely filed May 13, 1998, against your decision in the classification under the Harmonized Tariff Schedule of the United States (HTSUS) of merchandise entered during calendar year 1997. FACTS: The merchandise, referred to as Esprion 250, was invoiced as demineralized whey powder and entered in subheading 0404.10.0500, HTSUS, the provision for whey protein concentrates. Customs Laboratory Report 3-98-40060-001 dated December 17, 1997, concerning identical goods imported by the protestant, indicated that the sample of “pale yellow powder contains…
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