The tariff classification of “Ninja Melk Energy Drink” from the Netherlands

N299418 August 23, 2018 CLA-2-22:OT:RR:NC:N2:232 CATEGORY: Classification TARIFF NO.:2202.99.9000 Robert B. Back Focus Beverages B. V. Industriestraat 9 7041 GD 's Heerenberg Netherlands RE: The tariff classification of “Ninja Melk Energy Drink” from the Netherlands Dear Mr. Back: In your letter dated July 16, 2018 you requested a tariff classification ruling. The subject merchandise is described as “Ninja Melk Energy Drink”. “Ninja Melk Energy Drink” is composed of Water, Acidified Creambase from Dohler, Liquid Sucrose/Fluid Sugar, Lactic Acid, Natural Flavouring, Energy Blend from Gambia. This product has a milk solid content of 10.7 percent and a milk fat content of .098 percent. The product will be bottled in 250ml cans. The applicable subheading for the “Ninja Melk Energy Drink” will be 2202.99.9000, 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 the 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 telephone number (301) 575-0156, or at the website 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