CLA-2-22:OT:RR:NC:N2:232
Mr. Michael E. Roll
Roll & Harris LLP
1999 Avenue of the Stars, Suite 110 Los Angeles, CA 90067
RE: The tariff classification of high protein beverages from France.
Dear Mr. Roll:
In your letter dated March 5, 2020, on behalf of your client Fonterra USA Inc., you requested a tariff classification ruling.
The subject merchandise is a high protein beverage, available in two versions. The products will be imported in 200 or 250ml TetraPak Edge with cap.
The first version is said to contain 50-55 percent Water, 17- 19 percent Maltodextrin DE 40, 6-8 percent Whey Protein Concentrate 80 (WPC), 6-8 percent Milk Protein Concentrate 85 (MPC), 6-8 percent Rapeseed Oil, 1-2 percent Granular Sugar and one percent Vitamins, Minerals, Stabilizers and etc.
The second version is said to conatin 50-55 percent Water, 20-25 percent Maltodextrin DE 40, 6-8 percent Rapeseed Oil, 5-7 percent WPC 80, 5-7 percent MPC 85, 2 percent Sugar and one percent Vitamins, Minerals and Stabilizers, and less than one percent CMC and MCC and Gellan Gum.
In addition, each of the versions of the product will have less than one percent Strawberry, Banana, Hazelnut, Chocolate or Berry flavoring.
The applicable subheading for the high protein beverages will be 2202.99.9000, 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 telephone number (301) 575-0156, or at the website 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