The tariff classification of BCAA powder from China

N315495 November 18, 2020 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898, 9903.88.15 Mr. Troy E. Clarke CBT International, Inc. 249 E. Ocean Blvd. Long Beach, CA 90802 RE: The tariff classification of BCAA powder from China Dear Mr. Clarke: In your letter dated October 26, 2020, you requested a tariff classification ruling on behalf of your client, Glanbia Nutritionals NA Inc. An ingredients breakdown, a manufacturing narrative description and a flowchart accompanied your inquiry. The first product in question, “InnoBio® Micro-Instantized BCAA Powder (2:1:1) SY”, is a non-vegan source of BCAAs that is instantized (blended/agglomerated) with a soy (SY) sourced lecithin as an emulsifier. The second product in question, “Innobio® Vegan Instantized BCAA powder (2:1:1) SF”, is a vegan source of BCAAs that is instantized (blended/agglomerated) with a sunflower (SF) sourced lecithin as an emulsifier. Both products are said to contain approximately 46 - 54 percent L-leucine, 22 – 27 percent L-isoleucine, 22 – 27 percent L-valine and a trace amount of (soy/sunflower) sourced lecithin. The applicable subheading for “InnoBio® Micro-Instantized BCAA Powder (2:1:1) SY” and “Innobio® Vegan Instantized BCAA powder (2:1:1) SF” will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other. The general rate of duty will be 6.4 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2106.90.9898, HTSUS, unless specifically excluded, are subject to an additional 7.5 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 2106.90.9898, HTSUS, 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. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division