CLA-2-22:OT:RR:NC:N2:232

Ms. Paula Jones Food View USA, Inc 2617 Bissonnet #206 Houston, TX 77005 RE: The tariff classification of Chia Sisters Superfood Drinks from New Zealand

Dear Ms. Jones: In your letter dated May 10, 2022, you requested a tariff classification ruling on Chia Sisters Superfood Drinks from New Zealand. An ingredients breakdown and descriptive literature were included with your request.

The subject merchandise is described as three varieties of ready-to-drink beverages: Chia Brain Boost Blackcurrant Superfood, Chia Gut Health Blueberry Superfood and Natural Energy Orange and Passionfruit Superfood.

Chia Brain Boost Blackcurrant Superfood is said to contain 84 percent water, 6 percent apple juice concentrate, 5.2 percent chia seeds, and 3.8 percent blackcurrant juice concentrate. Chia Brain Boost Blackcurrant Superfood will be imported packaged for retail sale in bottles with a net weight of 200 ml.

Chia Gut Health Blueberry Superfood is said to contain 84 percent water, 6 percent chia seeds, 4.7 percent apple juice concentrate. 4.3 percent blueberry juice concentrate and trace amounts of blackcurrant juice concentrate, lemon juice concentrate and natural blueberry flavoring. Chia Gut Health Blueberry Superfood will be imported packaged for retail sale in bottles with a net weight of 200 ml.

Natural Energy Orange and Passionfruit Superfood is said to contain 81 percent water, 7 percent chia seeds, 5.9 percentage orange juice concentrate, 3.75 percent apple juice concentrate. 1 percent passionfruit puree, and trace amounts of lemon juice concentrate, paprika (natural color) and citric acid (natural flavor). Natural Energy Orange and Passionfruit Superfood will be imported packaged for retail sale in bottles with a net weight of 200 ml.

The applicable subheading for the Chia Brain Boost Blackcurrant Superfood, Chia Gut Health Blueberry Superfood and Natural Energy Orange and Passionfruit Superfood will be 2202.99.9100, 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 rate of duty will be 0.2 cents per liter. 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 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