CLA-2-21:OT:RR:NC:N2:228
Ms. Kim M. Caywood-Pierce
AN Deringer, Inc.
173 West Service Road
Champlain, NY 12919
RE: The tariff classification of protein concentrate powder mixes from Canada
Dear Ms. Caywood-Pierce:
In your letter dated August 16, 2017, you requested a tariff classification ruling on behalf of your client, Profi Pro Inc., Canada.
Products labels, ingredient breakdowns, and product specification sheets accompanied your inquiry. Profi Instant Chocolate Drink Mix is said to be a soft, dark brown powder with a sweet chocolate flavor containing approximately 76 percent Profi Pro 108, 10 to 20 percent cocoa powder, 3 to 5 percent non-dairy cream flavor, 0.5 to 3 percent each natural vanilla flavor, guar gum, salt replacer (salt, potassium chloride, and flavor), high oleic sunflower oil, and 0.1 to 0.3 percent sucralose. This product is said to function as a tasty high protein beverage. This product will be imported in retail bottles 800g, net weight. Profi Pro 108 is said to be a soft cream colored, high protein composite powder with a nutty flavor containing approximately 40 to 50 percent pea protein isolate, 40 to 50 percent rice protein isolate, and 0.5 to 3 percent each non-dairy cream flavor, chickpea powder, lentil protein concentrate, and high oleic sunflower oil. The product is said to function as a high protein booster for use in foods. The product will be imported in bulk in triple walled bags 25kg, net weight, and in retail bottles 780g, net weight. Profi Pro 109 is said to be a soft high protein, high fiber composite powder with a mild sweet nutty flavor containing approximately 30 to 40 percent pea protein isolate, 30 to 40 percent rice protein isolate, 20 to 30 percent cane fructo-oligosaccharides, and 0.5 to 3 percent each non-dairy cream flavor, chickpea powder, lentil protein concentrate, and high oleic sunflower oil. This product is said to function as a gluten-free replacement for wheat flour in bakery applications. This product will be imported in bulk in triple walled paper bags 25kg, net weight.
The applicable subheading for the Profi Instant Chocolate Drink Mix will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa…other … other…other. The rate of duty will be 6 percent ad valorem.
The applicable subheading for the Profi Pro 108 and Profi Pro 109 powder mixes will be 2106.10.0000, 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.
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, for subheading 1806.90.9090, contact National Import Specialist Frank Troise at [email protected], and for subheading 2106.10.0000, contact Bruce N. Hadley, Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division