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

Mr. Charlene Riley John A. Steer Co. 331 Main Street Metuchen, NJ 08840 RE: The tariff classification of Oddlygood™ Barista Oat Drink from the United Kingdom

Dear Ms. Riley: In your letter dated May 12, 2022, on behalf of your client, Valio USA Inc., you requested a tariff classification ruling on Oddlygood™ Barista Oat Drink from the United Kingdom. An ingredients breakdown, picture of the product packaging and descriptive literature were included with your request.

The subject merchandise is described as Oddlygood™ Barista Oat Drink which can be used as a ready-to-drink beverage or used as a milk alternative in coffee. It is said to contain approximately 86 percent water, 10 percent oat flour, 3 percent sunflower oil, and trace amounts of dipotassium phosphate, calcium carbonate, sea salt, vitamins, and enzymes. Oddlygood™ Barista Oat Drink will be imported packaged for retail sale in tetra packs with a net weight of 33.8 ounces.

The applicable subheading for the Oddlygood™ Barista Oat Drink 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