The tariff classification of soy protein concentrate from China

N175479 September 20, 2011 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.10.0000 Ms. Irina Kibasova KF Enterprises, Ltd 3500 Vicksburg Lane N #329 Plymouth, MN 55447 RE: The tariff classification of soy protein concentrate from China Dear Ms. Kibasova: In your letter dated June 25, 2011 and an undated letter, you requested a tariff classification ruling. Product information accompanied your June 25 letter. Two samples and ingredient information were received by this office on July 19, 2011. Additional information was submitted via email transmissions on July 27, 2011 and July 29, 2011. One sample was forwarded to the U.S. Customs and Border Protection laboratory for analysis. The other sample was examined and disposed of. Soy Protein Concentrate is a fine, light-tan colored powder, made from soybean flour that has undergone extraction, pH adjustment, separation to obtain the protein solution, neutralizing the pH, sterilization and drying. The product will be packed in Kraft bags holding 20 kilograms or 25 kilograms, net weight, or up to the buyer’s request. It will be used in emulsified sausage, ham, vegetable food and other food preparation. Laboratory analysis of the sample found it to contain 64.9 percent protein, 6.9 percent moisture, 4.7 percent ash and approximately 23 percent carbohydrate. The protein content is 69.7 percent on a moisture free basis. The applicable subheading for the soy protein concentrate will be 2106.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…protein concentrates. The rate of duty will be 6.4 percent ad valorem. 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 on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). 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. This ruling is being issued under the provisions of Part 177 of the Customs 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, contact the National Import Specialist at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division