HQ 956644
December 8,1994
CLA-2 CO:R:C:F 956644 JGH
Ms. Jane Carlisle, Jr.
United International Industries, Inc.
l005 Callahan Road
Suite 101
Wentzville, Missouri 63385-4701
RE: Classification of Whey Protein Isolate
Dear Ms. Carlisle:
This is in reference to your inquiry of June 20, 1994,
concerning the classification status of a whey protein isolate from
Australia.
FACTS:
The product is referred to as Beta-Fraction, a white, spray-
dried powder, which is designed to be used as a fat replacer in
food processing for such natural ingredients as egg white.
A typical composition is said to include 90 percent protein, of
which 85 percent would be what is termed as the major whey protein,
beta-lactoglobulin; also in addition are 4 percent lactose and 4
percent moisture.
ISSUE:
Classification of whey protein isolate under the Harmonized
Tariff Schedule of the United States (HTSUS).
LAW & ANALYSIS:
The Explanatory Notes (ENs) to the HTSUS provide an
interpretation of the various provisions of the tariff at the
international level. The ENs for heading 3504, which includes
other protein substances and their derivatives, not elsewhere
specified or included, state that the provision includes globulins
(e.g., lactoglobulins and ovoglobulins). In addition it notes that
the provision includes protein isolates, including vegetable
protein isolates, which it describes as being extracted from
vegetable substances; mixtures would also be included in the term.
It adds that the protein content of these isolates is generally not
less that 90 percent.
- 2 -
Subheading 3504.00.1000, HTSUS, specifically provides for
protein isolates. It is concluded that this eo nomine provision is
without qualification, and is not limited to the vegetable sourced
protein isolate; the example in the ENs of the vegetable sourced
product being illustrative and not restrictive.
HOLDING:
Whey protein isolate is classifiable under the provision for
protein isolates in subheading 3504.00.1000, HTSUS, and dutiable at
the rate of 10 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division