CLA-2-21:OT:RR:NC:N2:228
Ms. Liliane Martinez
DL Group
1330 avenue de la Lauzière
Europarc de Pichaury - Bât D5 – BP 30460
Aix-en?-Provence, 13592
France
RE: The tariff classification of a powdered drink mix from France
Dear Ms. Martinez:
In your letter dated September 14, 2021, you requested a tariff classification ruling.
An ingredients breakdown, product data sheet, marketing information and a picture of the product label accompanied your inquiry.
The product, “Samata Extra Golden Milk,” is described as a yellow to orange colored-powder that is free from artificial coloring and is said to have a vanilla and ginger taste. Designed to provide overall wellness, the product is comprised of maltodextrin, organic cane sugar, organic coconut milk powder, magnesium citrate anhydrous, tricalcium phosphate, guar gum, organic almond milk powder, vanilla flavored natural powder, BCAA (leucine, valine, isoleucine), ES curcuma rhizome, ES rhodiola rosea root, vitamin E succinate, iron pyrophosphate, vitamin PP or B3, ES ashwagandha root, ginger root powder, lysine HCL, l-tyrosine, vitamin B5 calcium pantothenate, l-carnitine tartrate, sucralose, ES black pepper fruit, arginine HCL, vitamin D3 natural CWS, l-tryptohan, taurine, vitamin B12, vitamin B6, vitamin B1, vitamin B2, vitamin B9 and biotin (vitamin B8).
Samata Extra Golden Milk will be marketed as a dietary supplement to support a healthy diet. The product label and marketing information provided indicates that the product contains a combination of natural active ingredients that are meticulously selected to provide a balance to energy metabolism, stimulate the defenses of the immune system, improve the overall functioning of the body and help to support cognitive functions during busy and stressful times. Samata Extra Golden Milk will be imported for retail sale, packed in 135-gram single boxes. Each box will contain 30 individually packaged sticks of Samata Extra Golden Milk, with a net weight of 4.5 grams per stick. Directions on the product label instruct the consumer to pour the contents of one stick into 100ml of hot water, stir, and consume immediately.
The applicable subheading for the product, “Samata, Extra Golden Milk,” if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included … other … 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 2106.90.9700, HTSUS, and dutiable at the general rate of 28.8 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