CLA-2-22:OT:RR:E:NC:N2:235
Ms. Tricia Green
CK Logistics, Inc.
3304A Greens Road
Suite 890
Houston, TX 77032
RE: The tariff classification of HEB Balanced Nutritional Drinks® from Belgium
Dear Ms. Green:
In your letter dated February 28, 2012, on behalf of HEB Grocery Company, you requested a tariff classification ruling. You provided a copy of the product label and a breakdown of component materials by weight.
The subject merchandise consists of three varieties of products marketed as nutritional shakes under the brand name, HEB Balanced Nutritional Drinks®. They will be imported in ready to drink containers in chocolate, strawberry and vanilla flavors. All the drinks contain rice milk, water, sugar, milk protein isolate, soy oil, canola oil, corn oil, corn maltodextrin, carrageenan, disodium diphosphate, Vitamin A, Vitamin D3, Vitamin E, Vitamin K1, Thiamine, Riboflavin, Pyridoxine, Niacinamide, Folic Acid anhydrous, Pantothenic Acid, Biotin, Vitamin B12, Vitamin C, Chromium, Iodine, Molybdenum, Selenium, Choline, Calcium, Magnesium, Zinc, Copper, Iron, Manganese, Sodium. Each drink variety contains a product specific flavor (alkalized fat reduced cocoa powder, strawberry and vanilla) as additional ingredients.
The applicable subheading for the HEB Balanced Nutritional Drinks in three flavors will be 2202.90.9090, 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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division