The tariff classification of hemp protein from Canada

N084375 February 3, 2010 CLA-2-19:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Mr. Mike Fata Manitoba Harvest 69 Eagle Drive Winnipeg, MB R2R 1V4 Canada RE: The tariff classification of hemp protein from Canada Dear Mr. Fata: In your letters dated October 23, 2009, November 12, 2009, and November 20, 2009 you requested a tariff classification ruling. Ingredients breakdowns, illustrative literature, samples, and a description of the manufacturing process were submitted with your letters. The samples were forwarded to the Customs and Border Protection laboratory for analysis. Organic Hemp Protein, vanilla and dark chocolate flavored, is a human food product prepared from organic hemp seeds that have been cold pressed to expel the oil, the cake ground to a fine particle size and mixed with sweetener and flavoring. The vanilla-flavored hemp protein is composed of 82 percent hemp protein, 16.5 percent palm sugar, and 1.5 percent vanilla flavor. The dark chocolate-flavored product consists of 65 percent hemp protein, 20 percent cocoa powder, and 15 percent palm sugar. Laboratory analysis found 98.2 percent of the vanilla product and 97.2 percent of the chocolate-flavored product passed through a screen with a 1.25 millimeter aperture. The hemp protein products may be packaged in retail or non-retail containers. The applicable subheading for the Vanilla Hemp Protein and the Dark Chocolate Hemp Protein products 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 or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, 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