The tariff classification of a food ingredient from China

N033773 October 2, 2008 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Mr. Juergen Stoffel International Trade Company, Inc. 1004 Woodcrest Ct. Roseville, CA 95661 RE: The tariff classification of a food ingredient from China Dear Mr. Stoffel: In your letters dated July 2, 2008 and July 10, 2008, you requested a tariff classification ruling. A description of the product accompanied your first letter. A sample, country of origin information, and a production flow chart were submitted with your second letter. The sample was forwarded to the Customs and Border Protection laboratory for analysis. Soy Fiber ‘FiberPro 750’ is a brown powder described as a dietary soy fiber with a minimum of 18 percent protein content, used in the manufacture of meat products. The product is obtained from soybeans that have had the hulls removed and oil extracted. The remaining soy flakes are combined with hot water and food-grade alkali and put into a centerfuge to separate the soy protein from the fiber. The soy fiber is washed, pressed to remove excess water, steamed, dried, ground, and packed in bags containing 25 kilograms, net weight. Laboratory analysis found 100 percent of the product passed through a wire sieve with an aperture measuring 1.25 mm. The applicable subheading for the Soy Fiber ‘FiberPro 750’ will be 1901.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of flour, groats, meal, starch or malt extract, not containing cocoa…not elsewhere specified or included…other… other…other. The 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 World Wide Web at http://www.usitc.gov/tata/hts/. 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 Stanley Hopard at 646-733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division