The tariff classification of pea dietary fiber powder from China

N246780 November 13, 2013 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Ms. Kathy Lin Profood International, Inc. P.O. Box 4378 Lisle, IL 60532 RE: The tariff classification of pea dietary fiber powder from China Dear Ms. Lin: In your letters dated September 10 and October 1, 2013, the latter was received on October 17, you requested a tariff classification ruling. You provided a description of the product, and the manufacturing process in your September letter. Additional information was received in your October letter. The product is pea dietary fiber powder made from yellow peas that undergo screening, washing, steeping, and crashing wherein liquid pea milk is separated from non-water soluble pea residues that are pea dregs. The pea dregs, also described as bean dregs, undergo plate and frame type filtration, expansion drying temperature, sterilization, and micronization typically milled to particle size of 40 to 100 mesh. The pea fiber is lightly yellow to milky white color, bland flavor, smooth texture, contains about 60 percent dietary fiber, and has a high water absorption property. The applicable subheading for the pea fiber 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 . . . other . . . 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 ww.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 (646) 733-3029. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division