CLA-2-18:OT:RR:NC:232
Ms. Karine Gagiryan
Herbalife International of America, Inc.
950 W. 190th Street
Torrance, CA 90502
RE: The tariff classification of protein drink mix
Dear Ms. Gagiryan:
In your letter dated April 14, 2014, you requested a tariff classification ruling. Ingredients breakdown and sample accompanied your letter. Sample was reviewed and disposed of.
The subject merchandise is described as a protein drink mix, Cookies N’ Cream SKU# 0146PY which is based on Herbalife Master Formula F1777. The product is said to contain: soy protein isolate, fructose powder, and cookie crumbs (wheat flour, sugar, canola oil, cocoa powder, salt, and sodium bicarbonate), inulin, oat fiber, polydextrose powder, guar gum powder, minerals, oat fiber soluble, (natural and artificial cream powder and cookie dough), whey protein concentrate, calcium caseinate. The drink mix is in powder form and put up for retail sale in 550 gram plastic jars. When mixed with skim or soy milk it makes a meal replacement drink.
The applicable subheading for the Protein Drink Mix Cookies N’ Cream, SKU# 0146PY will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa…other … other…other. The rate of duty will be 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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 (646) 733-3031or by email address: Frank. [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division