The tariff classification of “AdvantaPea Essential 80 and AdvantaRice Premier 300” from China

N308405 January 9, 2020 CLA-2-35:OT:RR:NC:N1:136 CATEGORY: Classification TARIFF NO.: 3504.00.5000; 9903.88.15 Mr. Lucas A. Rock Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 599 Lexington Avenue New York, NY 10022 RE: The tariff classification of “AdvantaPea Essential 80 and AdvantaRice Premier 300” from China Dear Mr. Rock: In your ruling request dated December 16, 2019, on behalf of you client, Top Health Ingredients, Inc., you requested a tariff classification ruling on “AdvantaPea Essential 80 and AdvantaRice Premier 300.” Your submission describes “AdvantaPea Essential 80” as a pea protein isolated powder made from peas grown in Canada and shipped to China for processing. This product consists of 80 percent or greater pea protein on a dry basis and is used by food manufactures as an ingredient in various food applications. “AdvantaRice Premier 300” is described as a rice protein powder consisting of 80 percent or greater rice protein on a dry basis and is used by food manufactures as an ingredient in various food applications. The applicable subheading for “AdvantaPea Essential 80 and AdvantaRice Premier 300” 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. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3504.00.5000, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3504.00.5000, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov. 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