The tariff classification of Protein Smoothie Shakes from Germany

N227478 August 23, 2012 CLA-2-22:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Ms. Leianne Malachin ICT International Cargo Tranport (USA), Inc. 28922 Lorain Road, Suite 102 North Olmsted, OH 44070 RE: The tariff classification of Protein Smoothie Shakes from Germany Dear Ms. Malachin: In your letter dated July 24, 2012, you requested a tariff classification ruling. The subject products described as protein smoothie shakes will be imported in three flavors; strawberry, peach and raspberry. Protein Strawberry Smoothie contains water, whey protein, strawberry puree and cream. Protein Smoothie Peach contains water, whey protein, peach puree, cream, skimmed milk and passion fruit juice concentrate. Protein Raspberry Smoothie contains water, whey protein, raspberry puree and cream. Each flavor contains the following additional ingredients in miscellaneous quantities: flavors, yogurt cultures, sucralose, pectin, carmine and beta-carotin. The products will be imported in 330ml PET bottles. The applicable subheading for the Protein Smoothie Shakes 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