CLA-2-35:OT:RR:NC:N3:136

Paul Shapiro
The Better Meat Co.
2939 Promenade St
West Sacramento, CA 95691

RE: The tariff classification of Dry Mycoprotein from India

Dear Mr. Shapiro:

In your letter dated April 7, 2025, you requested a tariff classification ruling on Dry Mycoprotein.

The subject product is described as shelf-stable, Dry Mycoprotein. You state that the Dry Mycoprotein is an ingredient to be used by food companies in their formulations, similar to textured vegetable proteins. The end user, generally a food manufacturer, will rehydrate the edible mycoprotein with water and flavorings. The subject Mycoprotein is a meat alternative product, which consists of 100% dehydrated biomass of the GRAS fungus Neurospora crassa. The dry Mycoprotein does not contain any additives, flavorings, binders, stabilizers, emulsifiers, or any other ingredients. The protein content on a dry weight basis is 45-55%.

The applicable subheading for mycoprotein paste 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.

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, in addition to subheading 3504.00.5000, HTSUS, listed above.

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