The tariff classification of Peptide EX from Japan

N106786 May 27, 2010 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.10.0000 Mr. Christopher Colford Mitsui & Co (U.S.A.), Inc. 200 Park Ave. New York, NY 10166-0130 RE: The tariff classification of Peptide EX from Japan Dear Mr. Colford: In your letter dated May 18, 2010, submitted on behalf of Mitsui Foods, Inc., you requested a tariff classification ruling. Samples submitted with your letter were examined and disposed of. Peptide EX is a white powder described as a milk protein hydrolysate with essential amino acids. It is said to contain approximately 75 percent milk peptide, 17 percent citric acid, 6 percent flavoring, 1 percent calcium carbonate, and less than 1 percent of sucralose and guar gum. The product will be imported in 25 kilogram bags and marketed as a sports science drink. After importation, the product will be repackaged for retail sale. In your letter, you suggest a classification of 3504.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), as other protein substances and their derivatives, not elsewhere specified or included…other. Based on the product’s composition and use, we disagree. The Peptide EX will be classified elsewhere. The applicable subheading for the Peptide EX will be 2106.10.0000, 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/. 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 telephone number (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