NY N341903: The tariff classification of Mori’s Silk Sheet (MSS) from an undisclosed country

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

N341903  
April 22, 2025
  CLA-2-35:OT:RR:NC:N3:136  
CATEGORY: Classification  
TARIFF NO.: 3504.00.5000; 9903.01.24; 9903.01.25; 9903.01.63; 9903.88.15
  Shara Aranoff  Covington & Burling LLP  850 10th St. NW  Washington, DC 20001  RE:  The tariff classification of Mori’s Silk Sheet (MSS) from an undisclosed country  Dear Ms. Aranoff:  In your letter dated August 7, 2024, on behalf of your client, Cambridge Crops, Inc. d/b/a Mori, you  requested a tariff classification ruling on Mori’s Silk Sheet (MSS).  The subject product is identified as Mori’s Silk Sheet (MSS). You state that Mori is an agritech company  working to create a more sustainable future for the food supply chain by extending the shelf life of food  products, thereby reducing food waste, and improving the efficiency of the food transportation system to  reduce greenhouse gas emissions. MSS is an intermediate product used after importation to produce Mori’s  commercial food coating product. Mori works with suppliers worldwide to process raw silk cocoons into  food grade MSS. MSS is a partially degummed, fibroin-concentrated silk sheet. Mori's testing indicates that  MSS has a composition of approximately 92% protein, 1% fat, 1% ash, and 6% moisture. The content of  MSS is predominantly protein derived from the single source of Bombyx mori silk cocoons.  MSS, in the raw material stage, is not a material suitable for direct consumption and is instead used for  further processing in the manufacture of the edible fibroin protein coating. After importation, the food grade  MSS will be fed into Mori's U.S.-based manufacturing plants. Mori's manufacturing process removes the  remaining sericin and undergoes additional steps that produce a Generally Recognized as Safe (GRAS) 2  food grade fibroin solution that can be sprayed on food to extend product shelf life, reduce food waste, and  increase food security in the United States.  The applicable subheading for Mori’s Silk Sheet (MSS) will be 3504.00.5000, 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: Other. The  general rate of duty will be 4 percent ad valorem. 

Based on the subject product’s country of origin, one or more of the below additional duties may be  applicable to your merchandise:  Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and  Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings  9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate  of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition  to subheading 3504.00.5000, HTSUS, listed above.  Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must  be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the  Chapter 99 provisions covering exceptions to the reciprocal tariffs. Products of China, including Hong Kong  and Macau, will be assessed an additional ad valorem rate of duty of 125 percent. Products from all other  countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must  report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25 or 9903.01.63, in  addition to subheading 3504.00.5000, HTSUS, listed above.  Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under  subheading 3504.00.5000, HTSUS, unless specifically excluded, are subject to the additional 7.5 percent ad  valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15,  in addition to subheading 3504.00.5000, HTSUS, listed above.  The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status  of goods covered by the Notice cited above and the applicable Chapter 99 subheading. For background  information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including  information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP  websites, which are available at  https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and  https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.  This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health  Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are  administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and  Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by  visiting their website at www.fda.gov.  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 at https://hts.usitc.gov/.  The holding set forth above applies only to the specific factual situation and merchandise description as  identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations  (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the  information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and  complete in every material respect. In the event that the facts are modified in any way, or if the goods do not  conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and  Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic  verification by CBP.  This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection  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, please contact  National Import Specialist Nuccio Fera at nuccio.fera@cbp.dhs.gov.  
Sincerely,
   Steven A. Mack  Director  National Commodity Specialist Division