CLA-2-35:OT:RR:NC:2:236
Mr. Elon A. Pollack
Stein Shostak Shostak Pollack and O’Hara, LLP
865 S. Figueroa Street, Suite 1388
Los Angeles, CA 90017
RE: The tariff classification of Pea Protein Isolate Powder from China
Dear Mr. Pollack:
In your ruling request received September 23, 2015, on behalf of your client, Unichem Enterprises, Inc., you requested a tariff classification ruling on Pea Protein Isolate Powder.
In your submission, you state that the product at issue is pea protein isolate powder made from peas grown in Canada and shipped to China for processing. The pea protein is extracted from the peas utilizing “Physical Close-Loop Fractionation Technology.” This process produces pea protein isolate powder that is composed of 80% pea protein and 20% remnants (moisture, ash, and other) from the processing. You state that that Unichem’s pea protein isolate powder will be used exclusively in food products as a protein for nutritional purposes.
The applicable subheading for Pea Protein Isolate Powder will be 3504.00.5000, 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. The general rate of duty will be 4 percent ad valorem.
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.
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
Director
National Commodity Specialist Division