CLA-2-21:OT:RR:NC:N2:228
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 September 4, 2020, you requested a tariff classification ruling on behalf of your client, Bodega Verde S.A.S. de C.V.
Ingredients breakdowns, a description of the manufacturing process, a manufacturing flow chart, and photocopies of the packaging for four products described as “Protein powders” accompanied your inquiry. The products will be imported in 35 oz. plastic jars for retail sale.
The first product, “Pre-workout-Coffee Flavor,” is said to contain approximately 62 percent vegan protein blend, 19 percent sugar blend, 11 percent inulin, 3 percent natural and artificial flavors, 2 percent raw maca powder, 1 percent caffeine, 1 percent guar gum, and trace amounts of probiotic blend, natural sweetener blends, and beta-alanin.
The second product, “Post-workout-Vanilla Flavor,” is said to contain approximately 57 percent vegan protein blend, 15 percent inulin, 14 percent L-glutamine, 3 percent creatine, 3 percent collagen, 3 percent BCAA’s, 2 percent natural and artificial flavors, 2 percent guar gum, and trace amounts of probiotic, and natural sweetener blends.
The third product, “Post-workout-Chocolate Flavor,” is said to contain approximately 57 percent vegan protein blend, 14 percent L-glutamine, 9 percent cacao powder, 6 percent inulin, 3 percent creatine, 3 percent collagen, 3 percent BCAA’s, 2 percent guar gum, 2 percent natural and artificial flavors, and trace amounts of probiotic, and natural sweetener blends.
The fourth product, “Relax,” is said to contain approximately 30 percent cacao powder, 28 percent mushroom blend, 16 percent inulin, 10 percent blend of spices, 7 percent natural and artificial flavors, 5 percent green tea extract, 3 percent guar gum, and trace amounts of sodium chloride and monk fruit.
In your letter, you suggested that the products may be classified under subheading 3504.00.0500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other. Based on the composition of the ingredients and the products principle use as a food preparation intended for human consumption, the four products will be classified elsewhere.
The applicable subheading for the “Pre-workout-Coffee Flavor” and “Post-workout-Vanilla Flavor” will be 2106.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included… protein concentrates and textured protein substances. The general rate of duty will be 6.4 percent ad valorem.
The applicable subheading for the “Post-workout-Chocolate Flavor” and “Relax” will be 1806.90.9090, HTSUS, which provides for Chocolate and other food preparations containing cocoa: Other: Other: Other: Other: Other: Other. The general rate of duty will be 6 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