The tariff classification of Herbalife “Formula 1 Express Meal Bar”

N270250 November 16, 2015 CLA-2-18:OT:RR:NC:N4:232 CATEGORY: Classification TARIFF NO.: 1806.32.9000 Karine Gagiryan Herbalife International of America, Inc. 950 W. 190th Street Torrance, CA 90502 RE: The tariff classification of Herbalife “Formula 1 Express Meal Bar” Dear Ms. Gagiryan: In your letter dated October 26, 2015 you requested a tariff classification ruling. Ingredients breakdown and a product sample accompanied your letter. The product sample was reviewed and disposed of. The subject merchandise is described as a food supplement in bar form that is used as a meal replacement for weight loss and weight maintenance. The product is marketed as “Formula 1 Express Meal Bar – For Weight Management & Healthy Nutrition” – sku # 2792CO. “Formula 1 Express Meal Bar” is based on Herbalife’s formula F2527. The product is said to contain soy protein nuggets, caramel yogurt color coating, oligofructose, soy protein isolate, maltodextrin, oat, water, fructose, soy protein crisp with cocoa, glycerin, dextrose, molasses brown sugar, calcium phosphate, natural and artificial cream flavor, minerals and vitamin premix, natural and artificial cookie dough flavor, canola oil, sodium chloride, palm oil, soy lecithin, blueberry powder, pomegranate powder, papaya powder and Rebaudioside A. The “Formula 1 Express Meal Bar” is individually wrapped, rectangular-shaped, and half-covered with caramel yogurt coating. The applicable subheading for the “Formula 1 Express Meal Bar” will be 1806.32.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chocolate and other food preparations containing cocoa: Other, in blocks, slabs or bars: Not filled: Other: Other. 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division