CLA-2-21:OT:RR:NC:N4:228

Ms. Linda Kwok
Nissin International Transport
172-47 Baisley Blvd.
Jamaica, NY 11434

RE: The tariff classification of a protein food product from China

Dear Ms. Kwok:

In your letter, received in this office on April 11, 2017, you requested a tariff classification ruling on behalf of Mitsubishi International Food Ingredients, Inc., NJ.

An ingredients breakdown, and manufacturer’s flowchart accompanied your letter. Organic pumpkin seed protein powder is said to contain approximately 65 percent pumpkin seed protein, 12 percent nutrients, 11 percent ash, 7 percent moisture, 3 percent carbohydrates, 2 percent dietary fiber, and a trace amount of fat. The product is for use in vegan/vegetarian foods and beverages, plant/vegetable based beverages, shakes, spreads, for meat replacement in sausages and meat products, in chocolate bars, cereals, sauces, creams, dressings, and nutritional supplements. The product is imported in drums, 25 kilograms, net weight.

The applicable subheading for the organic pumpkin seed protein powder will be 2106.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . protein concentrates and textured protein substances. The general rate of duty will be 6.4 percent ad valorem.

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 the World Wide Web at https://hts.usitc.gov/current.

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 FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Bruce N. Hadley, Jr at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division