CLA-2-22:OT:RR:NC:N2:232
Mr. Armin Feistenauer
Saturo Foods GMBH
Jahngasse 4 Top 9
Vienna 1050 Austria
RE: The tariff classification of “Saturo Drinks” from Germany
Dear Mr. Feistenauer:
In your letter submitted on May 3, 2018, you requested a tariff classification ruling.
An ingredients breakdown, description of the manufacturing process, a manufacturing flowchart, product labels, marketing information and product samples accompanied your letter. The samples were examined and discarded.
The subject merchandise, “Saturo Drinks” are described as ready to drink beverages imported into the United States in 330 ml (11.2 oz.) bottles for retail sale. They are available in three flavors: Chocolate, Strawberry, and Vanilla. The products are marketed as drinks that aim to replace meals, especially unhealthy or skipped ones. Product labels state that the product tastes best served slightly chilled.
“Saturo Chocolate” is said to be composed of water, maltodextrin, soy protein isolate, high oleic sunflower oil, cocoa powder, isomaltulose, canola oil, rice starch, isomaltooligosaccharide, natural and artificial flavors, soy lecithin, gellan gum, salt, natural flavoring, sucralose, and a mixture of vitamins and minerals.
“Saturo Strawberry” is said to be composed of water, maltodextrin, soy protein isolate, high oleic sunflower oil, isomaltulose, canola oil, rice starch, oat fiber, natural and artificial flavors, isomaltooligosaccharide, soy lecithin, gellan gum, salt, sucralose, and a mixture of vitamins and minerals.
“Saturo Vanilla” is said to be composed of water, maltodextrin, soy protein isolate, high oleic sunflower oil, isomaltulose, canola oil, rice starch, oat fiber, isomaltooligosaccharide, gellan gum, salt, natural and artificial flavors, sucralose, and a mixture of vitamins and minerals.
The applicable subheading for the “Saturo Drinks” Strawberry and Vanilla flavor will be 2202.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: other: other: other.” The general rate of duty will be 0.2 cents per liter.
The applicable subheading for the “Saturo Drinks” Chocolate flavor will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa...other...other... other. The general rate of duty will be 6 percent ad valorem.
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 the World Wide Web at https://hts.usitc.gov/current.
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 telephone number (301) 575-0156, or at the website www.fda.gov/oc/bioterrorism/bioact.html.
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 Frank Troise at frank.l.troise.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division