The tariff classification of Coffee-flavored Beverages from Denmark

N305458 August 22, 2019 CLA-2-22:OT:RR:NC:N2:232 CATEGORY: Classification TARIFF NO.: 2202.99.9000 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 Denmark Dear Mr. Peterson: In your letter dated July 24, 2019, on behalf of your client, Illy Caffé North America, Inc., you requested a tariff classification ruling on certain ready-to-drink coffee-flavored beverages from Denmark. An ingredients breakdown with both descriptive and illustrative information about the products was included with your request. The samples submitted with your inquiry were disposed of. The subject products are three varieties of ready-to-drink coffee-flavored beverages: Mochaccino; Cappuccino; and Caffé Latte Drink. They will be imported into the United States in cans containing 8.45 ounces each of beverage. Mochaccino flavor drink is said to contain treated water, 1 percent milk, sugar, coffee extract, fat reduced cocoa, stabilizers (microcrystalline cellulose, carboxymethylcellulose and carrageenan) and acidity regulators (potassium bicarbonate and tripotassium citrate). The product consists of 3.37 percent by volume of nonfat milk solids and 3.4 percent by volume of total milk solids. Cappuccino flavor drink is said to contain treated water, 1.45 percent fat milk, sugar, coffee extract, fat reduced cocoa, stabilizers (microcrystalline cellulose, carboxymethylcellulose and carrageenan), and acidity regulators (potassium bicarbonate and tripotassium citrate). The product consists of 3.35 percent by volume of nonfat milk solids and 3.4 percent by volume of total milk solids. Caffé Latte flavor drink is said to contain treated water, whole milk, granular cane sugar, coffee extract, acidity regulators (potassium bicarbonate and tripotassium citrate), and stabilizers (microcrystalline cellulose, carboxymethylcellulose and carrageenan). The product consists of 2.27 percent by volume of nonfat milk solids and 3.5 percent by volume of total milk solids. The applicable subheading for the Mochaccino, Cappuccino and Caffé Latte flavored beverages 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 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 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