The tariff classification of nutritional drink mix

N250854 March 18, 2014 CLA-2-18:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1806.90.9090 Ms. Sandra R. Calloway Herbalife International of America, Inc. 950 W. 190th Street Torrance, CA 90502 RE: The tariff classification of nutritional drink mix Dear Ms. Calloway: In your letter dated February 18, 2014, you requested a tariff classification ruling. Ingredients breakdown and sample accompanied your letter. Samples was reviewed and disposed of. The subject merchandise is described as a nutritional drink mix, Cookies N’ Cream Sku# 0146PE which is based on Herbalife Master Formula F1907. The product is said to contain: soy protein isolate, fructose powder, and cookie crumbs (wheat flour, sugar, canola oil, cocoa powder, salt, and sodium bicarbonate), inulin, oat fiber soluble, flavor (natural and artificial cream powder), whey protein concentrate, and calcium caseinate. The drink mix is in powder form and put up for retail sale in 550 gram plastic jars. When mixed with skim or soy milk it makes a meal replacement drink. The applicable subheading for the Cookies N’ Cream, SKU# 0146PE will be1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa…other … other…other. The rate of duty will be 6 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 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 Frank Troise at (646) 733-3031. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division