The tariff classification of two varieties of “Pea Protein Powder” from China

N297903 July 10, 2018 CLA-2-35:OT:RR:NC:1:136 CATEGORY: Classification TARIFF NO.: 3504.00.5000 Mr. Benjamin H. Shanbaum Rock Trade Law, LLC 77 W. Washington Street, Suite 400 Chicago, IL 60602 RE: The tariff classification of two varieties of “Pea Protein Powder” from China Dear Mr. Shanbaum: In your ruling request dated June 7, 2018, on behalf of your client, Brenntag North America, Inc., you requested a tariff classification ruling on two varieties of “Pea Protein Powder.” Your submitted samples have been reviewed and as you requested, will not be returned. In your submission, the products at issue are described as hydrolyzed pea protein powders, which will be imported from several Chinese suppliers. The first product, referred to as “Pea Protein 80%” is a pea protein powder consisting of at least 80% pea protein by dry weight percentage. The remainder of the product consists of byproducts from the hydrolysis and production processes. The second product, referred to as “Pea Protein 85%” is similar to the first product in physical characteristics and composition, except that it is designed and intended to contain at least 85% protein content. The applicable subheading for the two varieties of “Pea Protein Powder” will be 3504.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other. The general rate of duty will be 4 percent ad valorem. This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is administered by the Food and Drug Administration (FDA). Information concerning FDA import requirements and regulations can be obtained by contacting the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: (888) 463-6332. 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. 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 https://hts.usitc.gov/current. 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 Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division