CLA-2-22:OT:RR:NC:N2:232
Ms. Zoie Chong
MW Polar Foods
15203 Shoemaker Ave
Norwalk, CA 90650
RE: The tariff classification of Fruit Drinks with Jelly from China
Dear Ms. Chong:
This is in response to your letter dated September 1, 2020, requesting a classification ruling. You submitted flow charts depicting the various stages of operation and pictorial representations of the products.
The subject merchandise is described as four different flavors (Peach, Grape, Apple and Mango) of Fruit Drinks with Jelly. You submitted a video indicating that the product has the texture of a light liquid jelly. Fruit Drinks with Jelly consist of Water (89%-91%), Sugar (3%-4%), Jelly Powder (3.78%), Juice Concentrate (1%-2%) and trace amounts of Natural Flavoring, Acesulfame Potassium, Calcium Lactate, Citric Acid, Sodium Citrate, Potassium Chloride, Aspartame and Sucralose. Each flavor of the finished product is packaged in a pouch with a net weight of 150 grams, to be put up for retail sale.
The applicable subheading for the Fruit Drinks with Jelly 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 duty rate will be 0.2 cents per liter.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2202.99.9000, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2202.99.9000, 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 Note 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, 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 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 the FDA at 301-575-0156, or at the Web site 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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division