The tariff classification of Café Mocha from Japan

N272027 February 5, 2016 CLA-2-22:OT:RR:E:NC:N4:232 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Brian Laliberte Green Beans Coffee Company 4300 Redwood Highway Suite No. 100 San Rafael, CA 94903 RE: The tariff classification of Café Mocha from Japan Dear Mr. Laliberte: In your letter dated January 8, 2016, you requested a tariff classification ruling. You submitted a photocopy of the label representing the product was submitted with your inquiry for our review. The subject merchandise, “Cafe Mocha”, is a ready-to-drink beverage composed of water, coffee, milk, sugar, cocoa powder, microcrystalline cellulose, sucrose fatty acid esters, xanthan gum, carboxymethylcellulose sodium, sodium bicarbonate, natural and artificial flavors. The product will be served in the importer’s cafe and sold to grocery stores. “Cafe Mocha” will be imported in 11.4 fluid ounce (338ml) cans with 24 cans packed per each case. The applicable subheading for the “Cafe Mocha” 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 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 3015750156, 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division