CLA-2-21:OT:RR:NC:N2:228
Ms. Sandra Calloway
Herbalife International of America Inc.
950 West 190th Street
Torrance, CA 90502
RE: The tariff classification of a food ingredient from Argentina
Dear Ms. Calloway:
In your letter dated October 17, 2022, you requested a tariff classification ruling.
An ingredients breakdown and a narrative description of the manufacturing process accompanied your letter. Caramel Powder 282140B (R13738 Composition) is said to contain approximately 52 – 58 percent maltodextrin derived from corn, 18 - 22 percent powder whole milk, 15 - 17.8 percent sugar derived from sugar cane, and trace amounts of tricalcium phosphate, magnesium oxide, sodium chloride, and artificial flavoring. The product is said to contain approximately 18-22 percent, by weight, of milk solids. This material is a blend of seven raw materials that will be used as a flavoring ingredient in the manufacture of the finished dietary supplement/meal replacement product, Herbalife Formula 1 Dulce de Leche flavor. The product will be imported in ambient condition in packages weighing 25 kg., net packed.
The applicable subheading for the product will be 2106.90.7800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . containing over 10 percent by weight of milk solids . . . other . . . articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17 . . . described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The general rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2106.90.8000, HTSUS, and dutiable at the general rate of 70.4 cents per kilogram plus 8.5 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 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 Timothy Petrulonis at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division