CLA-2-19:OT:RR:NC:N2:231
Ms. Kristy Carr
Bubs Australia Ltd
2-4/6 Tilley Lane
Ground Floor
Frenchs Forest, NSW 2086 Australia
RE: The tariff classification of Infant Formula Powder from Australia
Dear Ms. Carr:
In your email dated June 9, 2022, you requested a tariff classification ruling.
The subject merchandise is various infant formula powder packed in cans with a net weight of 800-grams each as follows:
Bubs™ Easy-digest Goat Milk Infant Formula (Stage 1) is composed of lactose, goat milk, vegetable oil blend, galacto-oligosaccharide, docosahexaenoic acid, soybean lecithin (emulsifier), arachidonic acid, choline bitartrate, inositol, taurine, a-tocopherol, ascorbyl palmitate (antioxidants), l-carnitine, minerals, and vitamins. This product is intended for children aged 0-6 months.
Bubs™ Easy-digest Goat Milk Infant Formula (Stage 2) is composed of goat milk, vegetable oil blend, galacto-oligosaccharide, docosahexaenoic acid, soybean lecithin (emulsifier), arachidonic acid, choline bitartrate, inositol, taurine, a-tocopherol, ascorbyl palmitate (antioxidants), l-carnitine, minerals, and vitamins. This product is intended for children aged 6-12 months.
Bubs™ Organic Bovine Grass-fed Infant Formula (Stage 1) is composed of organic lactose, organic vegetable oil blend, organic whole milk powder, organic whey protein concentrate, organic skim milk powder, organic galacto-oligosaccharides, soy lecithin (emulsifier) Docosahexaenoic acid, arachidonic acid, Bifidobacterium longum BB536 (probiotic), minerals, and vitamins. This product is intended for children aged 0-6 months.
Bubs™ Organic Bovine Grass Fed Infant Formula (Stage 2) is composed of organic lactose, organic vegetable oil blend, organic whole milk powder, organic whey protein concentrate, organic skim milk powder, organic galacto-oligosaccharides, soy lecithin (emulsifier) docosahexaenoic acid, arachidonic acid, Bifidobacterium longum BB536 (probiotic), minerals and vitamins. This product is intended for children aged 6-12 months.
Bubs™ Supreme Infant Formula (Stage 1) is composed of demineralized whey powder, full cream milk powder, vegetable oil blend, lactose, whey protein concentrate, galacto-oligosaccharides, fructose-oligosaccharides, arachidonic acid, docosahexaenoic acid, choline bitartrate, inositol, taurine, l-carnitine, lutein, Bifidobacterium longum BB536 (probiotic), minerals, and vitamins. This product is intended for children aged 0-6 months.
Bubs™ Supreme Infant Formula (Stage 2) is composed of is composed of demineralized whey powder, full cream milk powder, vegetable oil blend, lactose, whey protein concentrate, galacto-oligosaccharides, fructose-oligosaccharides, arachidonic acid, docosahexaenoic acid, choline bitartrate, inositol, taurine, l-carnitine, lutein, Bifidobacterium longum BB536 (probiotic), minerals, and vitamins. This product is intended for children aged 6-12 months.
The applicable subheading for the above referenced Bubs™ Infant Formulas, if imported in quantities that fall within the limits described in additional U.S. note 2 to chapter 19, will be 1901.10.1100, Harmonized Tariff Schedule of the United States (HTS), which provides for: “Food preparations of goods of headings 0401 to 0404... Preparations suitable for infants or young children, put up for retail sale: Preparations suitable for infants, put up for retail sale: Containing over 10 percent by weight of milk solids: Other: Infant formula containing oligosaccharides: Described in additional U.S. note 2 to this chapter and entered pursuant to its provisions.” The general rate of duty will be 17.5 percent ad valorem.
The applicable subheading for the above referenced Bubs™ Infant Formulas, if entered after the tariff-rate quota has closed, will be 1901.10.1600, HTSUS, which provides for: “Food preparations of goods of headings 0401 to 0404... Preparations suitable for infants or young children, put up for retail sale: Preparations suitable for infants, put up for retail sale: Containing over 10 percent by weight of milk solids: Other: Infant formula containing oligosaccharides: Described in additional U.S. note 2 to this chapter and entered pursuant to its provisions: Other.” The rate of duty will be $1.035/kg+14.9 percent.
Products classified in subheading 1901.10.1600, HTSUS, are also subject to additional safeguard duties based on their value, as described in subheadings 9904.19.01-9904.19.10.
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.
Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. The application of a ruling letter by a CBP field office to the transaction to which it is purported to relate is subject to the verification of the facts incorporated in the ruling letter, a comparison of the transaction described therein to the actual transaction, and the satisfaction of any conditions on which the ruling was based.”
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division