CBP Ruling N239333 — The tariff classification of Camino pro® Restore

Tariff classification

Headings: 2202

Product description

Additional information and samples were requested by our office. The samples and data were received in our office on March 05, 2013. The samples were examined and disposed of. The instant product is called Camino pro® Restore. You indicate that the product is a medical formula for the treatment of phenylketonuria (PKU) patients. The product contains in part: various vitamins, sweeteners, coloring, matter, whey protein isolates, milk fat, protein and other milk solids. Literature provided with you submission indicates that the consumer can “Restore you protein level! Quench your thirst and hydrate your body”. The instant product is sold in liquid form in plastic bottles. It is stated to contain 10 grams of protein and amino acids. Although you have indicated that the product is medicinal in nature, we find that based on ingredients and marketing, that it is consumed for similar reasons as most other beverages. For Tariff purposed it is a beverage of Chapter 22.

Full text

N239333 March 22, 2013 CLA-2-22:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Ms. Sabrina Huckins Cambrooke Foods Inc. 4 Copeland Drive Ayer, MA 01432 RE: The tariff classification of Camino pro® Restore Dear Ms. Huckins: In your letter dated January 31, 2013, and subsequent follow up letter, you requested a tariff classification ruling. Additional information and samples were requested by our office. The samples and data were received in our office on March 05, 2013. The samples were examined and disposed of. The instant product is called Camino pro® Restore. You indicate that the product is a medical formula for the treatment of phenylketonuria (PKU) patients. The product contains in part: various vitamins, sweeteners, coloring, matter, whey protein isolates, milk fat, protein and other milk solids. Literature provided with you submission indicates that the consumer can “Restore you protein level! Quench your thirst and hydrate your body”. The instant product is sold in liquid form in plastic bottles. It is stated to contain 10 grams of protein and amino acids. Although you have indicated that the product is medicinal in nature, we find that based on ingredients and marketing, that it is consumed for similar reasons as most other beverages. For Tariff purposed it is a beverage of Chapter 22. The applicable subheading for the Camino pro® Restore will be 2202.90.9090, 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.” The rate of duty 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 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Thomas J. Russo Director National Commodity Specialist Division

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