The tariff classification of Hot Chocolate, Cafe Latte and Hot Mocha water based beverages from Malaysia

N130635 November 24, 2010 CLA-2-22:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. James A. Scudder Hot-Can North America 15968 Grey Stone Road Poway, CA 92064 RE: The tariff classification of Hot Chocolate, Cafe Latte and Hot Mocha water based beverages from Malaysia Dear Mr. Scudder: In your letter dated November 1, 2010, you requested a tariff classification ruling. The subject products consist of a line of water based beverages which you state are packaged in self heating “to-go” containers of 7.10 fluid ounces or 210 ml. The following three products under consideration are as follows: “Hot-Can Hot Chocolate” consisting of Cocoa powder, Sugar, Skim Milk powder, Non-dairy creamer, Water, Xantham gum, anti-caking agent and an unidentified flavoring ingredient. The skim milk powder content is 1.21 percent and the water content is approximately 86 percent. “Hot-Can Café Latte” consisting of Coffee powder, Sugar, Skim Milk powder, Non-dairy creamer, Salt, Water, Xantham gum, and an anti-caking agent. The skim milk powder content is 0.76 percent and the water content is approximately 87 percent. “Hot-Can Hot Mocha” consisting of Coffee powder, Cocoa powder, Sugar, Non-dairy creamer, Skimmed Milk powder, Salt, Water, Xantham gum, and an anti-caking agent. The skim milk powder content is 0.76 percent and the water content is approximately 86 percent. The applicable subheading for the Hot Chocolate, Café Latte and Hot Mocha water based beverages 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. 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.Information on labeling requirements can be obtained by writing to the Food and Drug Administration (FDA) at 5100 Paint Branch Parkway, College Park MD 20740 (ATTN HFS-820). 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 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, Robert B. Swierupski Director National Commodity Specialist Division