The tariff classification of “Quinoa Drink” from Spain

N260647 February 4, 2015 CLA-2-22:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Adam D. Gershuny Good Groceries Company 98 4th Street Suite 414 Brooklyn, NY 11231 RE: The tariff classification of “Quinoa Drink” from Spain Dear Mr. Gershuny: In your letter dated January 8, 2015, you requested a tariff classification ruling. You provided an ingredient breakdown for our review. The subject merchandise, “Quinoa Drink” is said to contain water, Quinoa, and less than one percent of the following: calcium carbonate-vicality albafil, sea salt-cargill, gellan gum kelcogel HS-B, vitamin package A&D. The non-dairy drink is ready to consume and packaged for retail sale in 32 ounce tetra packs. The applicable subheading for Quinoa Non-Dairy Drink 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 0.5 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 Frank Troise via email address: frank.l.troise@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division