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NY N005680




February 7, 2007

CLA-2-23:RR:NC:SP:231

CATEGORY: CLASSIFICATION

TARIFF NO.: 2306.90.0140

Mr. Dan Lifton
Maypro Industries, Inc.
2700 Westchester Ave.
Purchase, NY 10577

RE: The tariff classification of hemp seed protein powder from China.

Dear Mr. Lifton:

In your letter dated January 11, 2007, you requested a tariff classification ruling.

The item in question is described as a hemp seed protein powder to be used as a raw material in the manufacture of sports-nutrition protein products. The powder is said to be derived via the following production process:

Collect hemp seeds.
Put hemp seeds through a screener.
Separate the kernels from the husk using a special separator. Remove and dispose of alkaloid-containing hemp seed husks. Collect the hemp kernels.
Press-cake the kernels through low-temperature hemp-seed press. Extract oil from the cake.
Collect the cake remaining after the oil extraction. Grind the remaining cake to produce hemp protein powder.

The hemp seed protein powder is said to be composed of 50 to 60 percent protein, 9 to 12 percent water, 1.98 to 2.66 percent cellulose, 8.02 to 10.09 percent carbohydrate, 12.39 to 14.35 percent starch and 2.03 to 3.61 percent fat.

Your letter mentions the possibility of classifying this product in subheading 2929.90.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other nitrogen-function compounds. However, we find that the product is not a separate chemically defined compound of chapter 29, HTSUS, and is classifiable elsewhere.

The applicable subheading for the hemp seed protein powder will be 2306.90.0140, HTSUS, which provides for other (non-enumerated) oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305. The rate of duty will be 0.32 cents per kilogram.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 merchandise may also be subject to regulations administered by the agencies listed below. It is suggested that you contact them for further information.

U.S. Drug Enforcement Administration (DEA) 2401 Jefferson Davis Highway
Alexandria, VA 22301
Telephone: (800) 882-9539

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone: (877) 770-5990

Division of Import Operations & Policy
U.S. Food and Drug Administration (FDA)
5600 Fishers Lane, Rockville, MD 20857
Telephone: (301) 443-6553

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 Nathan Rosenstein at 646-733-3030.

Sincerely,

Robert B. Swierupski
Director,

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