The tariff classification of "Forze" GPS Nutritional Drink from Canada

N049769 January 30, 2009 CLA-2-22:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 2202.10.0060 Mr. Steven Kuchen PacificHealth Labs 100 Matawan Road Matawan, NJ 07747 RE: The tariff classification of “Forze” GPS Nutritional Drink from Canada Dear Mr. Kuchen: In your letter dated January 22, 2009, you requested a tariff classification ruling. You submitted descriptive literature and samples with your request. The samples were examined and disposed of. The subject merchandise is "Forze" GPS Nutritional Drink, which is described as a weight management tool designed specifically for athletes. “Forze” GPS is designed to be taken between meals, as a snack replacement. It will be imported in 8 fluid ounce tetrapacks for retail sale. This product is said to be composed of water, cocoa powder, natural chocolate flavor, GMP 90, Soy Protein Isolate FXP 0313, HO Safflower Oil 81%, Sunflower oil, Trisun Extra RBWD 84%, L-Glutamine, Calcium carbonate 40%, Caffeine, 90% Tea Polyphenol 7000, Avicel CM 2159, Carrageenan Viscarin GP 209, Sucralose liquid 25%, Acesulfame K, Disodium phosphate and (QN14) Natural Flavor for Masking #29053.   The applicable subheading for the "Forze" GPS Nutritional Drink will be 2202.10.0060, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored…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 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) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division