CLA-2-22:OT:RR:NC:N2:232
Ms. Yvette Powell
Dole Packaged Foods, LLC
3059 Townsgate Road
Westlake Village, CA 91361
RE: The tariff classification of Juice Drinks from the Philippines
Dear Ms. Powell:
In your letter dated May 23, 2023, you requested a tariff classification ruling for four beverage products. An ingredients’ breakdown and product samples were included with your request.
The subject merchandise, Juice Drinks, is described as ready to drink non-carbonated juice-from-concentrate beverages that are sweetened with stevia extract. The four products, listed below, are put up for retail sale and consumption in eight-ounce tin-coated steel cans.
Two of the four products are described as Digestive Bliss Juice Drinks designed for macronutrient support and fortified with vitamin C, as follows:
The Pineapple Banana Juice Drink, SKU 3890007231, contains 83.79 percent water, 9.50 percent pineapple juice concentrate, 4.75 percent banana puree, 1.83 percent soluble corn fiber, 0.07 percent natural flavor, 0.05 percent ascorbic acid (vitamin C), and 0.01 percent stevia extract.
The Tropical Passion Juice Drink, SKU 3890007232, contains 86.11 percent water, 10.0 percent pineapple juice concentrate, 1.0 percent passion fruit juice from concentrate, 1.0 percent guava puree, 1.83 percent soluble corn fiber, 0.05 percent ascorbic acid (Vitamin C), and 0.01 percent stevia extract.
The other two products are described as Energy Delight Juice Drinks containing green tea extract and fortified with B and C vitamins, as follows:
The Mango Strawberry Juice Drink, SKU 3890007221, contains 84.95 percent water, 9.5 percent pineapple juice concentrate, 5.0 percent mango puree, 0.25 percent strawberry flavor, 0.1 percent mango flavor, 0.08 percent green tea extract, 0.05 percent ascorbic acid (vitamin C), 0.05 percent citric acid, and 0.01 percent stevia extract, and a trace amount of vitamin B.
The Citrus Sunshine Juice Drink, SKU 3890007220, contains 89.11 percent water, 8.5 percent pineapple juice concentrate, 2.0 percent orange juice concentrate, 0.2 percent blood orange flavor, 0.08 percent green tea extract, 0.05 percent ascorbic acid (vitamin C), 0.05 percent citric acid, and 0.01 percent stevia extract, and a trace amount of vitamin B.
You have proposed classification under subheading 2202.99.9120, 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.” This subheading is not appropriate because a more specific subheading applies, as designated below.
The applicable tariff provision for the four varieties of Juice Drinks known as Pineapple Banana Digestive Bliss Juice Drink, Tropical Passion Digestive Bliss Juice Drink, Mango Strawberry Energy Delight Juice Drink, and Citrus Sunshine Energy Delight Juice Drink, will be subheading 2202.10.0075, 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, nut or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, Other, Other.” The duty rate 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 at https://hts.usitc.gov/current
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (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 and Border Protection 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 questions regarding the above, contact National Import Specialist Frank Troise at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division