The tariff classification of Protein Bars

N238196 March 8, 2013 CLA-2-17:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 1704.90.35; 1806.31.00 Ms. Sabrina Huckins Cambrooke Foods, Inc. 4 Copeland Drive Ayer, MA 01432 RE: The tariff classification of Protein Bars Dear Ms. Huckins: In your letter dated January 16, 2013, you requested a tariff classification ruling. You provided descriptive literature and samples. Samples were examined and disposed of. The subject merchandise consists of two 81 gram “protein bars”, sold under the brand name “Camino Pro Complete” Glytactin PKU Bar. Fruit Frenzy contains guava (guava, sugar and citric acid), white chocolate coating (sugar, partially hydrogenated palm kernel oil, nonfat dry milk, soy lecithin, and artificial flavoring), whey protein isolate, corn syrup, coconut (coconut, sugar, water, and propylene glycol), palm fruit shortening, vitamin/mineral blend, amino acid leucine, applesauce, apples, amino acid arginine, erythritol, amino acid tyrosine, wheat starch, oat fiber, amino acid histidine, amino acid tryptophan, inulin, polydextrose, cane sugar, salt, baking powder, canola oil, soybean oil, cinnamon, xanthan gum, L-Arginine, L-Tyrosine, L-Leucine, L-Histidine, and L-Tryptophan. Peanut Butter contains corn syrup, chocolate (sugar, partially hydrogenated palm kernel oil, cocoa, nonfat dry milk, soy lecithin, and artificial flavoring), whey protein isolate, glycerin, wheat starch, vitamin/mineral blend, L-Leucine, brown cane sugar, L-arginine, L-Tyrosine, tapioca starch, chocolate drops (sugar, partially hydrogenated vegetable oil, {palm kernel, coconut, palm}, cocoa {alkali}, dextrose, whey {milk}, soy lecithin, vanillin), butter, palm fruit shortening, flavorings (peanut oil, sesame seed oil, natural extract of roasted peanuts, vanilla bean extractives, water, alcohol, and corn syrup), gum blend (gum arabic, locust bean gum, guar gum, xanthan gum), oat fiber, tapioca syrup, inulin, L- Histidine, polydextrose, water, canola oil, soybean oil, cane sugar, L-Tryptophan, potato starch, baking powder, oat fiber, soy lecithin, methylcellulose, baking soda, xanthan gum, and caramel color. Both varieties of these bars are packaged for retail sale in heat-sealed foil wrappers. The applicable subheading for “Camino Pro Complete” Glytactin PKU Bar-Fruit Frenzy will be 1704.90.35, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sugar confectionery (including white chocolate), not containing cocoa: other: confections or sweetmeats ready for consumption: other: other: put up for retail sale. The applicable subheading for “Camino Pro Complete” Glytactin PKU Bar-Peanut Butter will be 1806.31.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Filled: Confectionery: Containing peanuts, peanut butter or peanut paste. 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 telephone number (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, Thomas J. Russo Director National Commodity Specialist Division