The tariff classification, country of origin, and marking of ioPea Protein

N361287May 29, 2026CLA-2-35:OT:RR:NC:N3:136
CATEGORY: Classification; Origin; Marking
TARIFF NO.: 3504.00.1000
Adrian PersaudAdvance Customs Services Inc.200 Vesey Street, 24th Floor, Suite 24174New York, NY 10281RE: The tariff classification, country of origin, and marking of ioPea ProteinDear Mr. Persaud:In your letter dated
May 5, 2026
, on behalf of your client, Freemen Nutra Group, LLC, you requested a tariffoPea classification, country of origin, and marking ruling on iProtein.In your submission, the subject product identified as oPea Protein, pea protein powderis iwhich is a that willimported into the United States from IndiaThe product is produced using origin pea protein isolatebe . Chinaas the starting material.The Chin pea protein isolate is exported to India, where it undergoes additional eseprocessingThe imported product is intended for use as a dietary supplement ingredient and in nutritional. and food formulations for human consumption.The Chin origin ea rotein solatethe following representative specifications:appi has • Protein (dry basis): 84.6%• Moisture: 5.8%• Ash: 3.6%The Chin pea protein isolateundergoes the following processing operations in India:aorigin •Powder processing •Mechanical pressure treatment (2–10 kg/cm²) • Optimization process• Blending• Packing• Sampling and analysis• Storage and dispatchThe finished product remains pea protein powder after processing.The finishedioPea processed in India has the following representative specifications: Protein
• Protein (dry basis): 85.29%• Moisture: 5.94%• Ash: 3.43%The applicable subheading for ioPea Protein will be 3504.00.1000, Harmonized Tariff Schedule of the UnitedStates (HTSUS), which provides for Peptones and their derivatives; other protein substances and theirderivatives, not elsewhere specified or included; hide powder, whether or not chromed: Protein isolates. Thegeneral rate of duty will be 5 percent ad valorem.Country of OriginPart 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBPRegulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an articlein another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of the marking laws and regulations.A substantial transformation occurs when, as a result of manufacturing process, a new and different article emerges, having a distinct name,character or use, which is different from that originally possessed by the article or material before being subjected to the manufacturing process.See United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267 (C.A.D. 98) (1940).MarkingSection 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly,indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States, the English name of the country of origin of the article.Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will.” See United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940).With respect to the subject product, we have determined that the production process in India, which isresult in a substantial transformation of the Chin pea protein described above, does not a originisolate. Therefore, in our opinion, the country of origin for the subjectioPearking purposes is Protein for duty and maC.The hina country of origin marking requirements of 19 U.S.C. § 1304 and 19 C.F.R. Part 134 will bes “Made in C,” “Product of C,” or other words of similar meaning.satisfied with the use of the wordhinahinaThis 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 byvisiting their website at .www.fda.govThe duties cited above are current as of this ruling’s issuance. 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 providedat https://hts.usitc.gov/.This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or othercharges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and otherduties as provided for in Subchapter III to Chapter 99, HTSUS.Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with eitherthe Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisionscovering exceptions to such tariffs.For further information to assist with the importation process, please refer to the frequently updated CargoSystems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at https://www.cbp.gov/trade/programs-administration/trade-remedies.The holding set forth above applies only to the specific factual situation and merchandise description asidentified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of theinformation furnished in the ruling letter, whether directly, by reference, or by implication, is accurate andcomplete in every material respect. In the event that the facts are modified in any way, or if the goods do notconform to these facts at time of importation, you should bring this to the attention of U.S. Customs andBorder Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodicverification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border ProtectionRegulations (19 C.F.R. 177).A copy of the ruling or the control number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, please contactNational Import Specialist Nuccio Fera at [email protected].
Sincerely,
(for)James P. ForkanDirectorNational Commodity Specialist Division