United States International Trade Commision Rulings And Harmonized Tariff Schedule
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HQ 956644




December 8,1994

CLA-2 CO:R:C:F 956644 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: 3504.00.1000

Ms. Jane Carlisle, Jr.
United International Industries, Inc. l005 Callahan Road
Suite 101
Wentzville, Missouri 63385-4701

RE: Classification of Whey Protein Isolate

Dear Ms. Carlisle:

This is in reference to your inquiry of June 20, 1994, concerning the classification status of a whey protein isolate from Australia.

FACTS:

The product is referred to as Beta-Fraction, a white, spray- dried powder, which is designed to be used as a fat replacer in food processing for such natural ingredients as egg white. A typical composition is said to include 90 percent protein, of which 85 percent would be what is termed as the major whey protein, beta-lactoglobulin; also in addition are 4 percent lactose and 4 percent moisture.

ISSUE:
Classification of whey protein isolate under the Harmonized Tariff Schedule of the United States (HTSUS).

LAW & ANALYSIS:

The Explanatory Notes (ENs) to the HTSUS provide an interpretation of the various provisions of the tariff at the international level. The ENs for heading 3504, which includes other protein substances and their derivatives, not elsewhere specified or included, state that the provision includes globulins (e.g., lactoglobulins and ovoglobulins). In addition it notes that the provision includes protein isolates, including vegetable protein isolates, which it describes as being extracted from vegetable substances; mixtures would also be included in the term. It adds that the protein content of these isolates is generally not less that 90 percent.

Subheading 3504.00.1000, HTSUS, specifically provides for protein isolates. It is concluded that this eo nomine provision is without qualification, and is not limited to the vegetable sourced protein isolate; the example in the ENs of the vegetable sourced product being illustrative and not restrictive.

HOLDING:

Whey protein isolate is classifiable under the provision for protein isolates in subheading 3504.00.1000, HTSUS, and dutiable at the rate of 10 percent ad valorem.

Sincerely,

John Durant, Director

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