CLA-2-22:OT:RR:NC:N2:232
Mr. Joseph Spraragen
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP
599 Lexington Avenue, 36th Floor
New York, NY 10022-7648
RE: The tariff classification of a smoothie drink from France.
Dear Mr. Spraragen:
In your letter dated January 22, 2020, on behalf of your client Materne North America Corp., you requested a tariff classification ruling. The sample submitted with your request was examined and disposed of.
The subject merchandise is described as “GoGo SqueeZ SmoothieZ "Glory" Strawberry Smoothie,” product code 125501. The product is a smoothie drink consisting of yogurt, apple and strawberry purees, whole grain oat flour, cane sugar, pectin, strawberry flavor, and vitamin D2. It will be produced in France. The smoothie drink will be imported into the United States and put up for retail sale, packaged in individual 85g pouches. A retail package may contain four or more pouches. The product is shelf stabile. To consume the product, the cap to the pouch is removed and the pouch is squeezed directly into the mouth.
The applicable subheading for the smoothie drink, if entered while the tariff rate quota remains open, will be 2202.99.2400, 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: Milk-based drinks: Other: Described in additional U.S. note 11 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 17.5 percent ad valorem.
The applicable subheading for the smoothie drink, if entered after the tariff rate quota is closed, will be 2202.99.2800, 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: Milk-based drinks: Other: Described in additional U.S. note 11 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 23.5 cents per liter plus 14.9 percent ad valorem. Also, products classified in subheading, 2202.99.2800, HTSUS, will be subject to additional safeguard duties based on their value, as described in subheadings 9904.04.50 – 9904.05.01, HTSUS.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division