CLA-2-35:OT:RR:NC:N3:136
Shara Aranoff
Covington & Burling LLP
850 10th St. NW
Washington, DC 20001
RE: The tariff classification of Mori’s Silk Sheet (MSS) from an undisclosed country
Dear Ms. Aranoff:
In your letter dated August 7, 2024, on behalf of your client, Cambridge Crops, Inc. d/b/a Mori, you
requested a tariff classification ruling on Mori’s Silk Sheet (MSS).
The subject product is identified as Mori’s Silk Sheet (MSS). You state that Mori is an agritech company
working to create a more sustainable future for the food supply chain by extending the shelf life of food
products, thereby reducing food waste, and improving the efficiency of the food transportation system to
reduce greenhouse gas emissions. MSS is an intermediate product used after importation to produce Mori’s
commercial food coating product. Mori works with suppliers worldwide to process raw silk cocoons into
food grade MSS. MSS is a partially degummed, fibroin-concentrated silk sheet. Mori's testing indicates that
MSS has a composition of approximately 92% protein, 1% fat, 1% ash, and 6% moisture. The content of
MSS is predominantly protein derived from the single source of Bombyx mori silk cocoons.
MSS, in the raw material stage, is not a material suitable for direct consumption and is instead used for
further processing in the manufacture of the edible fibroin protein coating. After importation, the food grade
MSS will be fed into Mori's U.S.-based manufacturing plants. Mori's manufacturing process removes the
remaining sericin and undergoes additional steps that produce a Generally Recognized as Safe (GRAS) 2
food grade fibroin solution that can be sprayed on food to extend product shelf life, reduce food waste, and
increase food security in the United States.
The applicable subheading for Mori’s Silk Sheet (MSS) 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.
Based on the subject product’s country of origin, one or more of the below additional duties may be
applicable to your merchandise:
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 3504.00.5000, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. Products of China, including Hong Kong
and Macau, will be assessed an additional ad valorem rate of duty of 125 percent. Products from all other
countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must
report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25 or 9903.01.63, in
addition to subheading 3504.00.5000, HTSUS, listed above.
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 7.5 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15,
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