The tariff classification of Shakes from Malaysia

N314631 October 14, 2020 CLA-2-19:OT:RR:NC:N2:231 CATEGORY: Classification TARIFF NO.: 1901.90.9195 Mr. Renato Montenegro Mtres Holding International Ltd Camino Real 961 Lima, 15074 Peru RE: The tariff classification of Shakes from Malaysia Dear Mr. Montenegro: In your letter dated September 9, 2020, you requested a tariff classification ruling. The subject merchandise is Nezka Supercharged Shakes. The product is a ready-to-drink beverage composed of water, milk powder, sugar, palm oil, cellulose gel, maltodextrin, and artificial flavors. The product will be produced in three flavors, that is, chocolate, vanilla and strawberry. The chocolate flavored version contains 1 percent cocoa. You state that the non-fat milk solids is 7.61 percent. The beverages which will be sold to retail stores, will be packed in aluminum cans with a net weight of 325-mil and packed 24 cans per carton. The applicable subheading for the “Nezka Supercharged Shakes” will be 1901.90.9195, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 percent by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: Other: Other: Other: Other.” The 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 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 the 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 Ekeng Manczuk at ekeng.b.manczuk@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division