CLA-2-35:OT:RR:NC:2:236

Mr. Daniel L. Vesque
Daniel L. Vesque, CHB
100 Plaza Drive
Secaucus, NJ 07094

RE: The tariff classification of egg albumen from Italy

Dear Mr. Vesque:

In your ruling request received April 17, 2014, on behalf of your client, International Protein, LLC, you requested a tariff classification ruling on two blends of pasteurized egg albumen.

You have described the products at issue as pasteurized albumin blended product EWNW0414. Product #1 is dehydrated egg albumen (99%) and calcium sulfate (1%); product #2 is dehydrated egg albumen (99%) and calcium chloride (1%). You state that these products are intended to be used in bakery products to replace spray dried egg whites in applications requiring proteins of egg whites to bind and form a strong odorless gel. These products will be imported in white powder form in 25kg cartons.

The applicable subheading for both blends of egg albumen will be 3502.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: Egg Albumin: Dried. The general rate of duty will be 47.6 cents/kg. This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is administered by the Food and Drug Administration (FDA). Information concerning FDA import requirements and regulations can be obtained by contacting the FDA at: Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone: (888) 463-6332. 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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.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 http://www.usitc.gov/tata/hts/.

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,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division