The tariff classification of Protein Bites from Germany

N304729 July 10, 2019 CLA-2-18:OT:RR:NC:N2:232 CATEGORY: Classification TARIFF NO.: 1806.31.0049 Karine Gagiryan Herbalife International of America Inc. 950 West 190th Street Torrance, CA 90502 RE: The tariff classification of Protein Bites from Germany Dear Ms. Gagiryan: In your letter dated June 10, 2019 you requested a tariff classification ruling on protein bites. Ingredients breakdown and a product sample accompanied your letter. The product sample was reviewed and disposed of. The subject merchandise is named Herbalife Nutrition “Protein Bites: Fun-Size Variety Pack”. The Protein Bites Variety Pack consists of a variety of small protein bites. The protein bite snack is a source of protein, vitamins and minerals. Each bite-sized piece, measuring approximately 1 ½ inches in length and ¾ inches in height, is packaged in laminate foil with a net weight of .53 oz. (15g). The variety pack contains four flavors of crunchy bites, with 7 of each flavor for a total of 28 bites, which are packaged in a 14.8 oz (420g) box. “Crunchy Peach Yogurt” (Item# 007KUSE) contains dark chocolate coating (chocolate liquor, sugar, cocoa butter, lecithin, soy, vanilla extract), soy protein nuggets (60 % protein), glucose syrup, hydrolyzed gelatin, 90 percent milk protein isolate, glycerin, soy protein isolate, water, sweetened condensed milk 8 percent fat, calcium caseinate, coconut oil, palm oil, inverted sugar syrup, sugar, freeze dried peach pieces, peach flavor, citric acid, yogurt flavor, sorbitol Syrup, vegetable oil, mono -and diglycerides, flavor vanilla, salt and color beta carotene. “Crunchy Salted Caramel” (Item# 006KUSE) contains milk chocolate coating, 60 percent soy protein nuggets, 90 percent milk protein isolate, glucose syrup, hydrolyzed gelatin, glycerin, water, 8 percent sweetened condensed milk, soy protein isolate, palm fat, calcium caseinate, inverted sugar syrup, sugar, soy protein nuggets with cocoa (soy protein isolate, cocoa powder, tapioca starch), color caramel powder, flavor caramel toffee, salt, sorbitol syrup, cocoa powder, flavor caramel powder, mono- and diglycerides and flavor vanilla. “Crunchy Vanilla Raspberry” (Item# 009KUSE) contains dark chocolate coating (chocolate liquor, sugar, cocoa butter, lecithin, soy, vanilla extract), soy protein nuggets with cocoa (soy protein isolate, cocoa powder, tapioca starch), glucose syrup, gelatin hydrolyzed, 90 percent milk protein isolate, glycerin, soy protein isolate, water, 8 percent sweetened condensed milk, palm fat, sugar sprinkles, calcium caseinate, inverted sugar syrup, cocoa butter, sugar, flavor vanilla, citric acid, sorbitol syrup, flavor whole meal biscuit, flavor cream, sunflower lecithin, microcrystalline cellulose, flavor natural raspberry, salt, color carmine and beta carotene. “Crunchy Vanilla Blueberry” (Item# 008KUSE) contains dark chocolate coating (chocolate liquor, sugar, cocoa butter, lecithin, soy, vanilla extract), soy protein nuggets with cocoa (soy protein isolate, cocoa powder, tapioca starch), gelatin hydrolyzed, glucose syrup, 90 percent milk protein isolate, glycerin, soy protein isolate, water, 8 percent sweetened condensed milk, palm fat, calcium caseinate, cocoa butter, sugar, inverted sugar syrup, flavor vanilla, citric acid, sorbitol syrup, flavor whole meal biscuit, flavor cream, sunflower lecithin, microcrystalline cellulose, flavor blueberry, color grape skin extract powder and color beta carotene. The applicable subheading for the Herbalife Nutrition “Protein Bites: Fun-Size Variety Pack” will be 1806.31.0049, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Filled: Confectionery: Other. The rate of duty will be 5.6 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 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