The tariff classification of a Protein Drink Mix from Canada

N270221 November 27, 2015 CLA-2-18:OT:RR:NC:N4:232 CATEGORY: Classification TARIFF NO.: 1806.90.9090 Ms. April Collier Pacific Customs Brokers, Inc. 1400 A Street Blaine, WA 98230 RE: The tariff classification of a Protein Drink Mix from Canada Dear Ms. Collier: In your letter dated October 15, 2015, you requested a tariff classification ruling on behalf of your client, Fit Foods Ltd (Port Coquitlam, British Columbia). The subject merchandise is Mutant Mass Triple Chocolate Flavor. It is a nutritional protein drink mix composed of waxy maize, maltodextrin, whey protein concentrate, whey protein isolate, milk protein concentrate, egg albumen, whey protein hydrolysate, miceller casein, calcium caseinate, milk protein isolate, sodium caseinate, soy lecithin, cocoa, defatted soybean, inulin, oat powder, coconut oil, corn syrup solids, sunflower oil, dipotassium phosphate, cane sugar, mono/diglycerides, sodium silicoaluminate, polysorbate 80, tetrasodium pyrophosphate, dextrose, barley starch, glutamine peptides, vanillin, vanilla flavor, sucralose, cinnamon extract, flax seed power and colostrum. The ultimate consumer is advised to mix the product with either water or milk to produce a dietary supplement drink. The product will be imported in three different sizes - a 15 pound plastic bag, an HDPE 6 pound container and individual sachets containing 43 grams of product each. The product will be formulated, blended and packaged in Canada. The applicable subheading for the Mutant Mass Triple Chocolate Protein Drink Mix will be 1806.90.9090, 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 frank.troise@dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division