CLA-2-35:OT:RR:NC:N3:136
Patricia Bloomer
PMK International LLC
18900 8th Ave. S, STE 900
SeaTac, WA 98148
RE: The classification, country of origin, and marking of pea protein isolate
Dear Ms. Bloomer:
In your letter dated March 9, 2026, on behalf of your client, Achiewell, LLC, you requested a classification,
country of origin, and marking ruling on pea protein isolate.
In your submission, you identify the subject product as Pea Protein Isolate consisting of 80-85% protein by
weight. You indicate that within the pea protein industry it is standard practice to refer to products with 80%
protein content as “isolates.” You state that the pea protein isolate is obtained by physically deriving the
protein fraction from peas; it is not a deliberate preparation containing other added substances. You describe
a scenario where Canadian yellow peas are processed in China by being milled, soaked, subjected to starch
and fiber removal, flocculation, enzymolysis, heat treatment, and drying, resulting in a pea protein
concentrate containing approximately 60% protein. The Chinese pea protein concentrate is then imported
into Cambodia for additional processing. In Cambodia, the pea protein concentrate is dissolved in water,
additional starch and fiber are removed, the protein fraction is precipitated, ultrafiltered, neutralized,
pasteurized, and spray dried to produce a pea protein isolate containing a minimum of 80% protein. You
state that the resulting isolate differs materially from the concentrate in composition and performance. A
60% concentrate is used for general nutritional applications, while a 80% isolate is used where high protein
density and specific functional attributes are required. The two products are not interchangeable at
equivalent inclusion levels.
The final product, which will be imported into the United States, is a light-colored powder with high protein
purity, low carbohydrate content and functional properties consistent with commercial pea protein isolates
used in food and beverage applications. There are no added flavorings, sweeteners, carriers, stabilizers,
vitamins, minerals, or other functional additives blended into the product. The final product’s composition
reflects the concentrated pea protein fraction and its naturally associated moisture, fat, carbohydrate, fiber,
and ash.
The applicable subheading for Pea Protein Isolate will be 3504.00.1000, 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: Protein isolates. The
general rate of duty will be 5 percent ad valorem.
Country of Origin
Part 134 of the U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 134) implements the
country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b), CBP
Regulations (19 CFR 134.1(b)), defines “country of origin” as the country of manufacture, production, or
growth of any article of foreign origin entering the United States. Further work or material added to an article
in another country must effect a substantial transformation in order to render such other country the “country
of origin” within the meaning of the marking laws and regulations. A substantial transformation occurs
when, as a result of manufacturing process, a new and different article emerges, having a distinct name,
character or use, which is different from that originally possessed by the article or material before being
subjected to the manufacturing process. See United States v. Gibson-Thomsen Co., Inc., 27 C.C.P.A. 267
(C.A.D. 98) (1940).
Marking
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every
article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly,
indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to
indicate to the ultimate purchaser in the United States, the English name of the country of origin of the
article. Congressional intent in enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to
know by an inspection of the marking on the imported goods the country of which the goods is the product.
The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by
knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should
influence his will.” See United States v. Friedlaender & Co., 27 C.C.P.A. 297, 302 (1940).
With respect to the subject product, we have determined that the production process in Cambodia results in a
substantial transformation of the Chinese pea protein concentrate. Therefore, in our opinion, the country of
origin for the subject pea protein isolate for duty and marking purposes is Cambodia. The country of origin
marking requirements of 19 U.S.C. § 1304 and 19 C.F.R. Part 134 will be satisfied with the use of the words
“Made in Cambodia,” “Product of Cambodia,” or other words of similar meaning.
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,
(for)
James Forkan
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division