CLA-2-35:OT:RR:NC:N3:136
James Sawyer
Faegre Drinker Biddle & Reath LLP
320 S. Canal Street, Suite 3300 Chicago, IL 60606
RE: The tariff classification of Type II Collagen Powder (UC-II) from South Korea or other undisclosed countries
Dear Mr. Sawyer:
In your letter dated March 22, 2024, on behalf of your client, Lonza Greenwood LLC, you requested a tariff classification ruling on Type II Collagen Powder (UC-II).
You identify the subject product as UC-II, which is described as an undenatured type II collagen. You state that UC-II is derived from chicken sternum cartilage. It is a powdered, glycosylated, and shelf-resistant component, which is marketed and sold as a nutritional supplement ingredient to manufacturers and distributors. This product is composed of approximately 89% collagen and will be imported in bulk powdered form. The total collagen is approximately 30% by weight, with protein content of approximately 53%.
The applicable subheading for the Type II Collagen Powder (UC-II) 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.
You state that the subject product may be imported from South Korea and other countries. If the subject product is imported from China, pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3504.00.5000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 3504.00.5000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
This 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 by visiting their website at www.fda.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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified 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 the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border 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 periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division