The tariff classification of food products from New Zealand

N251519 April 8, 2014 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1901.90.4200; 1901.90.4300 Ms. Stacey Aaronson White Cloud Nutrition 2355 Westwood Blvd - PMB 346 Los Angeles, CA 90064 RE: The tariff classification of food products from New Zealand Dear Ms. Aaronson: In your letter dated March 17, 2014, you requested a tariff classification. Ingredients breakdowns of four products accompanied your inquiry. The products are identified as “Everyday & Maternal Products” and “Forever Ageless”. Each product is presented in two flavors, vanilla flavor and mixed berry flavor. All are said to be dairy based nutritional/food products packed in 420 gram retail bags and 60 grams individual retail units, and used by consumers as a protein based powder for addition to shakes and smoothies. The ingredients common to all are approximately 60-61 percent skim milk powder, 14 percent inulin, 11 percent whole milk powder, 10 percent whey protein concentrate (WPC 80), and less than two percent, each, Kievit Vana-Sana DHA 11A IF, mineral blend, cream plus, vanilla flavor powder, vitamin blend, sweetener, bifidobacterium lactis, and lactobacillus rhamnosus. The “Everyday & Maternal Products Vanilla Flavor” and the “Forever Ageless Vanilla Flavor” also contain trace amounts of caramel flavor and lemon powder flavor. The “Everyday & Maternal Products Mixed Berry Flavor” and the “Forever Ageless Mixed Berry Flavor” also contain trace amounts of formula foods wildberry and beetroot juice powder. The two flavors of the “Forever Ageless” both have less than one percent of phosphatidylserine. The applicable subheading for the four products, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 1901.90.4200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa … other … other … dairy products described in additional U.S. note 1 to chapter 4 … dairy preparations containing over 10 percent by weight of milk solids … described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 16 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 1901.90.4300, HTSUS, and dutiable at the rate of $1.035 per kilogram plus 13.6 percent ad valorem. In addition, products classified in subheading 1901.90.4300, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9904.04.67 to 9904.04.74, HTSUS 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 http://www.usitc.gov/tata/hts/. In your letter, you also requested the eligibility of any trade programs or agreements for the products. At this time, the U.S. does not have any free trade agreements or special trade programs in force with New Zealand. The products will not be eligible for a preferential duty treatment. 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 ww.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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division