The tariff classification of a protein powder from Canada

N275157 October 26, 2016 CLA-2-21:OT:RR:NC:N4:228 CATEGORY: Classification TARIFF NO.: 2106.90.9998 Ms. Darlene DiBernardo A. N. Deringer, Inc. 173 West Service Road Champlain, NY 12919 RE: The tariff classification of a protein powder from Canada Dear Ms. DiBernardo: In your letter dated April 11, 2016, you requested a tariff classification ruling on behalf of your client, Fitness Performance, Inc., Canada. An ingredients breakdown and a sample of the product accompanied your inquiry. The sample was examined and discarded. “Isolate Splash” is said to be a dietary supplement, in powder form, and packaged in a food grade PET black container holding 817g (28.8 oz.), net weight. “Isolate Splash” is said to contain pure whey protein isolate, L-Glutamine, maltodextrin, natural and artificial flavor, sucralose, acesulfame potassium, FD&C Blue #1, and inulin. The suggested use is mix one heaping scoop (35 grams) of the product in 6 - 8 ounces of cold water. The applicable subheading for the “Isolate Splash” will be 2106.90.9998, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included…other…other… other…other. The general 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 the World Wide Web at https://hts.usitc.gov/current. 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 National Import Specialist Bruce N. Hadley, Jr. at bruce.hadleyjr@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division