CLA-2-35:OT:RR:NC:N3:136
Lily Potratz
XIPA Foods
24406 Wulumuqi
China
RE: The tariff classification of hydrolyzed egg white protein powder from China
Dear Ms. Potratz:
In your letter dated March 18, 2026, you requested a tariff classification ruling on hydrolyzed egg white
protein powder.
In your submission, the subject product is described as a spray-dried, enzymatically hydrolyzed egg white
protein powder, derived from egg white protein and/or egg white powder. The egg white protein powder is
manufactured through the addition of water, homogenization, gradient enzymatic hydrolysis, enzyme
inactivation, concentration, and spray drying. You indicate that this product has a protein content of greater
than 80% and a degree of hydrolysis of approximately 7%. There is no indication that any other substances
are added to the finished egg white protein powder. This product is commercially known as egg albumen.
You state that the egg white protein powder will be imported in bagged bulk powder form and is intended for
commercial food industry use, not retail sale at the time of importation. Upon importation into the United
States, it is expected to be sold in bulk to companies producing protein powders, shakes, nutritional powders,
sports nutrition products, functional food products, and related food applications.
The applicable subheading for the hydrolyzed egg white protein powder will be 3502.11.0000, Harmonized
Tariff Schedule of the United States (HTSUS), which provides for Albumins (including concentrates of two
or more whey proteins, containing by weight more than 80 percent whey proteins, calculated on the dry
matter), albuminates and other albumin derivatives: Egg albumin: Dried. The general rate of duty will be 47.6
cents/kg.
This merchandise may be subject to The Public Health Security and Bioterrorism Preparedness and Response
Act of 2002 (The Bioterrorism Act), which is administered by the Food and Drug Administration (FDA).
Information concerning FDA import requirements and regulations can be obtained by contacting the FDA at:
Food and Drug Administration, Division of Import Operations and Policy, 5600 Fishers Lane, Rockville,
Maryland 20857, Telephone: (888) 463-6332. 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.
The duties cited above are current as of this ruling’s issuance. 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/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at
https://www.cbp.gov/trade/programs-administration/trade-remedies.
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