The tariff classification of coffee-flavored beverages from Canada

N285998 June 2, 2017 CLA-2-22:OT:RR:NC:N4:232 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. John M. Peterson Neville Peterson LLP One Exchange Plaza 55 Broadway, Suite 2602 New York, NY 10006 RE: The tariff classification of coffee-flavored beverages from Canada Dear Mr. Peterson: In your letter dated May 1, 2017 you requested a ruling on the status of certain ready-to-drink coffee-flavored beverages from Canada. An ingredients breakdown with both descriptive and illustrative information about the products were included with your request. The two products under review are ready-to-drink coffee-flavored beverages produced in Canada. They will be imported into the United States in glass bottles to be put up for retail sale. “Black” is said to contain water, coffee extract, natural coffee flavor, dipotassium phosphate, natural cream & sugar type flavor (0.035 percent), CoffeeBerry Energy 70%, caffeine anhydrous powder natural and ticaloid 750. “Black and White” is said to contain water, 2% milk (30 percent), fine sugar (4 percent), coffee extract, natural coffee flavor, dipotassium phosphate, natural cream & sugar type flavor, CoffeeBerry Energy 70%, caffeine anhydrous powder natural and ticaloid 750. The total milk solids for this product is said to be 3.23%. The applicable tariff provision for the “Black” and “Black and White” 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 general rate of duty will be 0.2 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 https://hts.usitc.gov/current. 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.l.troise@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division