September 26, 2007 CBP Bulletin Notice on Protein Powder
In the September 26, 2007 issue of the U.S. Customs and Border Protection Bulletin(Vol. 41, No. 40), CBP published a notice proposing to revoke a classification ruling and treatment as follows:
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of certain Shapeworks Formula 3 Personalized Protein Powder. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocation, or any party involved with a substantially identical transaction, should advise CBP by October 26, 2007, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
Shapeworks Formula 3 Personalized Protein Powder. The Shapeworks Formula 3 Personalized Protein Powder (a.k.a. Personalized Protein Powder, Performance Protein Powder or PPP), is a protein supplement, in the form of a beige/tan powder, consisting of soy protein isolate, whey protein concentrate powder, small amounts of vanilla flavoring, and silicon dioxide.
CBP is proposing to issue HQ H008628 in order to revoke NY M87095, and reclassify the protein powder in HTS 2106.10.00 as "Food preparations, not elsewhere specified or included: Protein concentrates and textured protein substances" rather than in HTS 3504.00.5000 as "Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed: Other."
CBP proposes this change as a correction based on prior rulings, in particular HQ 950915, which states that: "In essence, 2106 covers products which serve as, or are incorporated in, food preparations, while 3504 covers products which are not usually consumed, but are used, for instance, in making pharmaceuticals (peptones), textiles and plastics (glutelins and prolamins) and elastic fibers (keratins)."
Because the instant merchandise is prepared from two different sources of protein in two different forms, mixed with other ingredients for use in shakes, soups and other foods, CBP now proposes that HTS 3504 does not describe such a substance, and that the term "protein concentrates" in HTS 2106 describes food preparations derived from protein sources containing relatively high protein levels.
CBP now proposes that, based on General Rule of Interpretation (GRI) 1, the merchandise is specifically provided for, and should be classified in HTS 2106.10.000.
proposed: 2106.10.0000, 6.4%; current: 3504.00.5000, 4%
September 26, 2007 CBP Bulletin (Vol. 41, No. 40) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/