Protein products under heading 21.06: is it 2106.10 or 2106.90?
Food preparations containing a protein concentrate or a textured protein substance — such as whey protein concentrate, soy protein concentrate, soy protein isolate, pea protein concentrate, or textured vegetable protein — can fall under either 2106.10 or 2106.90. The deciding question is simple: is the product still essentially a protein concentrate, or has it become something more?
2106.10 — the product is the protein concentrate.
Use this code when the product keeps the essential character of a protein concentrate or textured protein substance. If it meets that definition, classification rule GIR 6 requires it to go here — it cannot be placed in the residual "Other" code 2106.90.
2106.90 — the protein is just one ingredient..
Use this code when the product is no longer simply a protein concentrate, but a finished food preparation in which the protein has been combined with other ingredients. Here the protein is one component among several, and the blend as a whole has a different character (for example, a flavored protein shake or meal-replacement mix with added sugars, cocoa, or other ingredients).