The tariff classification of a food product from Switzerland

N271044 December 25, 2015 CLA-2-19:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 1901.90.9095 Mr. John Bentz Universal Logistics Solutions 1360 Hamilton Parkway Itasca, IL 60143 RE: The tariff classification of a food product from Switzerland Dear Mr. Bentz: In your letter dated November 25, 2015, you requested a tariff classification ruling on behalf of Prime Global Importers LLC, FL. An ingredients breakdown, product information of milk serum powder ingredient (milkpermeate powder), and product label accompanied your inquiry. Skinside Beauty Shots is said to be composed of water, Swiss milk serum powder, sugar, collagen hydrolysates, blueberry juice, citric acid, flavors, vitamin C, E202 preservative, niacin, and vitamin E. The product is a liquid packaged in bottles containing 2 fl oz (60 ml), net weight, and 16 bottles in a carton. It is recommended that a bottle be consumed daily to aid in the reduction of skin wrinkles. In your letter, you suggested a classification of 2106.90.9998, Harmonized Tariff Schedules of the United States (HTSUS), as other food preparations . . . other. Based on the product’s composition, we disagree. It will be classified elsewhere. The applicable subheading for Skinside Beauty Shots will be 1901.90.9095, HTSUS, which provides for food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere . . . other . . . other . . . other . . . other. The general rate of duty will be 6.4 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 the World Wide Web at http://www.usitc.gov/tata/hts/. The importation of this merchandise may be subject to regulations or restrictions administered by the U.S. Food & Drug Administration. It is suggested that you contact this agency directly for further information. 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 bruce.hadleyjr@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division