CLA-2-21:OT:RR:NC:N5:433
Sven Marten Antonischki
DE-VAU-GE Gesundkostwerk Deutschland GmbH
Lner Rennbahn 18 Lneburg 21339 Germany
RE: The tariff classification of a miscellaneous edible preparation from Germany.
Dear Mr. Antonischki:
In your letter dated April 30, 2024, you requested a tariff classification ruling. In lieu of samples, illustrative literature, and a product description were provided.
The Protein-Bar White Choco Peanut, is a miscellaneous edible preparation for human consumption. The preparation's ingredient composition is polydextrose (17%), maltitol sweetener (11.2%), beef collagen hydrolysate (10%), concentrated milk protein (8%), whey protein isolate (7%), roasted peanuts (6.5%), humectant glycerol (6.5%), cocoa butter (6.1%), whole milk powder (5.2%), calcium caseinate (5%), collagen hydrolysate (beef) (4.5%), sunflower oil (4%), water (4%), peanut paste (2%), roasted peanuts (2%), and less than (1%) of natural aroma, salt, emulsifier lecithin, caramel sugar syrup, and sweetener sucralose. The documentation provides a manufacturing operation wherein (1.) the dry ingredients are weighed and placed into a cutter, (2.) the liquid ingredients mixed and added to the cutter, (3.) the dry mass is moulded into a carpet mass and smoothed using a pressure roller, (4.) the carpet mass undergoes a heat treatment up to 45 degrees Celsius and is then cooled down via a hopper, (5.) the liquid layer is applied to the carpet mass via an application roller; (6.) peanut pieces are added, and (7.) the preparation is cut into bar shapes, coated with chocolate, and wrapped in foil packages. In the condition at the time of U.S. importation, the preparation will be presented at an ambient temperature and will undergo no further processing. At the time of U.S. importation, the preparation will be packaged and made available for retail sale as is.
The applicable subheading for the subject merchandise will be 2106.90.9985, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Confectionery (including gum) containing synthetic sweetening agents (e.g. saccharin) instead of sugar. The rate of duty will be 6.4% ad valorum.
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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 and Border Protection 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, please contact National Import Specialist Dharmendra Lilia at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division