The tariff classification of a protein shake mix from China

N309121 February 19, 2020 CLA-2-18:OT:RR:NC:N2:232 CATEGORY: Classification TARIFF NO.: 1806.90.9090: 9903.88.15 Karine Gagiryan Herbalife International of America Inc. 950 West 190th Street Torrance, CA 90502 RE: The tariff classification of a protein shake mix from China Dear Ms. Gagiryan: In your letter dated January 21, 2020 you requested a tariff classification ruling. Ingredients breakdown and sample accompanied your letter. Samples were reviewed and disposed of. The subject merchandise is a protein shake mix described as Formula 1 – Evening Shake - Sku# 1636RS, Herbalife Formula # F3257. The protein shake mix is enriched with vitamins and minerals for a dinner or evening snack. The beverage can be made by mixing two scoops of protein powder with water or milk. The protein shake mix will be imported in a white cylindrical plastic jar, weighing 416 grams. The product contains Maltodextrin; Soy Protein Isolate; Soy Protein Isolate L100; Oat Fiber; Cellulose powder FCC; L-Tryptophan; Cookie Crumbs; Flavor, Natural & Artificial Cookie Dough Powder #712548; Guar Gum Powder; Canola Oil; Polydextrose Powder; Premix, Vitamins and Mineral-VR13231231; Flavor, Natural & Artificial Cream Powder #712546; Xanthan Gum; Calcium Caseinate w/Glycerol Monooleate (K, H); Inulin, 90% (Chicory), Lecithin Powder IP/NON-GMO; Silicon Dioxide 200; Pectin; Carrageenan; Medium Chain Triglycerides; Sucralose Powder, Micronized; Papaya Fruit Powder; Blueberry Powder, Drum Dried; Pomegranate Juice Powder; and DL-Alpha Tocopherol. The Cookie Crumbs ingredient contains Wheat Flour, Sugar, Canola Oil, Cocoa powder, Salt, and Sodium Bicarbonate. The applicable subheading for the protein shake mix will be 1806.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoa…other … other…other. The rate of duty will be 6 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 1806.90.9090, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 1806.90.9090, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 the World Wide Web at https://hts.usitc.gov/current. 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 website 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, Steven A. Mack Director National Commodity Specialist Division