The tariff classification of Whey Protein Crisps from United States

N349294
June 4, 2025
INFO-4:OT:RR:NC:N5:231
CATEGORY: Information
TARIFF NO.: 0404.90 Ms. Val Holtrop Worldwide Logistic Solutions LLC 18 Golden Wheat Lane Wrightstown, WI 54180 RE: The tariff classification of Whey Protein Crisps from United States Dear Ms. Holtrop: This is in response to your submission of May 19, 2025, requesting a ruling on the classification of Whey Protein Crisps on behalf of your client, Grande Cheese Company (Fond du Lac, WI). You state that your client intends to export the merchandise, described as textured whey protein products, from the United States to Latin America and Asia. Please note that this “information letter” does not apply to Canada or Mexico. Samples of the product that accompanied your request were examined and will be retained by this office per your request. Pursuant to 19 C.F.R. Part 177, U.S. Customs and Border Protection (CBP) issues rulings concerning, among other things, the tariff classification of imported articles. Because this transaction involves an export from the United States, this office will issue an information letter pursuant to the authority of 19 C.F.R. §177.1(d)(2). It is expressly noted that information letters are intended to assist importers in their customs transactions, but such information does not have the binding effect of a ruling letter. The subject merchandise is the Grande WPCrisp® brand of “WPC80 Crisps” in three varieties. WPC80, a whey protein concentrate, is a common ingredient to all three products. Starch is added to the extruded product to help with expansion, while calcium carbonate is included to aid in processing. All three products also contain milk. Additionally, the third product, described below, includes cocoa powder for color. You indicate your client will manufacture these products in the United States for export, and they are intended for use in the food industry as toppings for cereal and snacks. The first product, “Grande WPCrisp® 70% Protein” (product codes 33702 and 33703), is off-white in color and available in pellets measuring 3.55 millimeters in diameter and 3.8 millimeters in length. The second product, “Grande WPCrisp® 60% Protein” (product codes 33600 and 33603), is off-white in color and available in pellets measuring 2.33 millimeters in diameter and 4.0 millimeters in length.

The third product, “Grande WPCrisp® 60% Protein, Cocoa” (product code numbers 33601 and 33602), is light brown in color and available in pellets measuring 2.33 millimeters in diameter and 4.0 millimeters in length. The applicable subheading for the Whey Protein Crisps will be 0404.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included: Other: Milk Protein Concentrates.” If you have any questions regarding the above, please contact National Import Specialist Ekeng Manczuk at [email protected].
Sincerely,
(for) Steven A. Mack Director National Commodity Specialist Division