The tariff classification of rice protein powder from India

N312180 June 11, 2020 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.10.0000 Ms. Judith Lynn Haggin TLR - Total Logistics Resources 11855 NE Glenn Widing Drive Portland, OR 97220 RE: The tariff classification of rice protein powder from India Dear Ms. Haggin: In your letter dated June 1, 2020, you requested a tariff classification ruling on behalf of your client, Global Organics, Ltd., MA. An ingredients breakdown, a narrative description of the manufacturing process and a manufacturing flowchart were submitted with your letter for the product. The organic rice protein powder is said to contain 100 percent organic rice that is ground up and treated with an enzyme, a – Amylase, which separates the starch from the protein. This process results in a fine brown powder concentrate of rice protein. The organic rice protein powder is used in protein shakes, protein bars and other products in the baking industry. Its principle use is as a food preparation intended for human consumption. The product will be imported in paper bags with liners, or jumbo tote bags, 25 kg. or 1000 kg., net packed. In your letter, you have suggested that the rice protein powder should be classified under subheading 3504.00, 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.  Heading 3504 covers products that are not usually consumed, but are used in making pharmaceuticals (peptones), textiles and plastics (glutelins and prolamins) and elastic fibers (keratins). Based on the products’ principle use as a food preparation intended for human consumption, we disagree. The product will be classified elsewhere. The applicable subheading for product will be 2106.10.0000, HTSUS, which provides for food preparations not elsewhere specified or included… protein concentrates and textured protein substances. 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 Josephine Heaning at josephine.heaning@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division