March 5, 2008 CBP Bulletin Notice on Shapeworks Formula 3 Personalized Protein Powder
In the March 5, 2008 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 42, No. 11), CBP published a notice revoking a classification ruling and treatment as follows:
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Revocation of ruling, revocation of treatment.CBP is revoking a ruling on the classification of certain Shapeworks Formula 3 Personalized Protein Powder. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after May 4, 2008.
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 issuing 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 makes 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 heading 3504 does not describe such a substance, and that the term "protein concentrates" in HTS heading 2106 describes food preparations derived from protein sources containing relatively high protein levels.
CBP determines that, based on General Rules of Interpretation (GRI) 1, the merchandise is specifically provided for, and is properly classified in HTS subheading 2106. 10.000.
new: 2106.10.0000, 6.4%; previous: 3504.00.5000, 4%
(See ITT's Online Archives or 10/20/2007 news, 07100250, for BP summary of proposed HQ H008628.)
March 5, 2008 CBP Bulletin (Vol. 42, No. 11) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2008/