The tariff classification of protein powders from Mexico

N315670 December 2, 2020 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2101.20.9000; 2106.90.9898 Mr. Rodolfo Corral Rodolfo Corral Inc. 17215 Studebaker Road, Suite 250 Cerritos, CA 90703 RE: The tariff classification of protein powders from Mexico Dear Mr. Corral: In your letter dated November 3, 2020, you requested a tariff classification ruling on behalf of your client, Bodega Verde S.A.S. de C.V. Ingredients breakdowns, a manufacturing flow chart, and pictures of the packaging for three products described as protein powders accompanied your inquiry. The first product, “Greens,” is said to contain approximately 29 percent matcha, 25 percent collagen, 18 percent fruit and vegetable powder, 15 percent apple fiber, 3 percent plantago psyllium, 2 percent guar gum, 2 percent herb blend, 2 percent ginseng root, 2 percent probiotic blend, and trace amounts of green tea extract, natural sweetener blend, dried seaweeds mix, blend of spices, shitake, and linseed powder. The second product, “Workout Strength,” is said to contain approximately 50 percent BCAA (which is a mixture of amino acids), 31 percent inulin, 10 percent electrolyte blend, 4 percent citric acid, 3 percent natural and artificial flavors, 1 percent natural sweetener blend, and trace amounts of resveratrol, and natural coloring agent. The third product, “Workout Carbs,” is said to contain approximately 67 percent sugar blend, 17 percent BCAA, 11 percent inulin, 3 percent electrolyte blend, 2 percent citric acid, and trace amounts of natural and artificial flavors, resveratrol, and natural coloring agent. The products will be imported in 17.5 oz., and 24.7 oz. plastic jars for retail sale, and will be marketed as dietary supplements for human consumption. Directions on the label instruct the consumer to add a scoop of the powder to 16 oz. of cold water and consume during or after training. The applicable subheading for the first product, “Greens” will be 2101.20.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate: other: other: other. The general rate of duty will be 8.5 percent ad valorem. The applicable subheading for the second and third products, “Workout Strength,” and “Workout Carbs” will be 2106.90.9898, 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. 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