CLA-2:OT:RR:NC:N5:232
Robert Samaniego
Donedrinks LLC
5830 East 2nd Street, Ste 7000 #21951
Casper, WY 82609
RE: The tariff classification of DONE Strawberry Prebiotic Protein Drink from Finland
Dear Mr. Samaniego:
In your letter dated May 9, 2025, you requested a tariff classification ruling. Ingredients breakdown and
photos of the product were included with your inquiry.
There is one product under review which is described as a shelf-stable 250 mL carton packaging,
ready-to-drink, high protein, prebiotic fiber beverage.
DONE Strawberry Prebiotic Protein Drink consists of 76 percent filtered water, 9.5 percent milk protein
concentrate, 3 percent skim milk powder, 3 percent cream, 2 percent chicory root fiber, 4 percent erythritol,
and 15.5 percent total milk solids.
The applicable subheading for the above-described DONE Strawberry Prebiotic Protein Drink is
2202.99.9120, 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 non-alcoholic beverages, not including fruit, nut or vegetable juice of heading 2009: Other: Other:
Other. The general rate of duty will be 0.2 cents per liter ad valorem.
Duty rates are provided for you 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/current.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. Products of China, including Hong Kong
and Macau, will be assessed an additional ad valorem rate of duty of 10 percent. Products from all other
countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must
report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to
subheading 2202.99.9120, HTSUS, listed above.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health
Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are
administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and
Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by
visiting their website at www.fda.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 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 Frank Troise at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division