The tariff classification of protein powder from China, Mexico or Brazil

N065335 July 6, 2009 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.10.0000 Ms. Susie Milosevski Access Business Group International LLC 7575 Fulton Street East – 49-IQ Ada, MI 49355 RE: The tariff classification of protein powder from China, Mexico or Brazil Dear Ms. Milosevski: In your letter dated June 10, 2009, you requested a tariff classification ruling. Descriptive literature and an ingredients breakdown accompanied your letter. Nutrilite® Protein Powder #A7451 is a light brown powder consisting of 75 percent soy protein isolate, 23 percent milk protein concentrate, less than 2 percent lecithin, and less than one percent silicon dioxide. The powder is added to a glass of milk, fruit juice, vegetable juice, used as an ingredient in cooking and baking recipes, or it can be sprinkled onto cereals, salads, or soups. The applicable subheading for the 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 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/. Articles classifiable under subheading 2106.10.0000, HTSUS, which are products of Brazil, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP". 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