The tariff classification of a yogurt blend from France

N309405 February 25, 2020 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.6400, 2106.90.6600 Mr. Joseph M. Spraragen Grunfeld, Desidario, Lebowitz, Silverman & Klestadt LLP 599 Lexington Ave, 36th floor New York, NY 10022 RE: The tariff classification of a yogurt blend from France Dear Mr. Spraragen: In your letter dated January 22, 2020, you requested a tariff classification ruling on behalf of your client, Materne North America Corp. A sample, an ingredients breakdown, a manufacturing narrative description and a flowchart accompanied your inquiry. The sample was examined and disposed of. GoGo SqueeZ YogurtZ ”Pandora” Banana Greek Yogurt Blend (product code 119501) is said approximately 73 percent yogurt, 15 percent Greek yogurt A, 9 percent cane sugar, 2 percent banana puree, and trace amounts of pectin, starch, banana flavor, sour blocker flavor, modulator flavor, and vitamin D2. The product will be packed in pouches, 85 grams, net packed. The applicable subheading for the product will be 2106.90.64, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included … other … other … other … containing over 10 percent by weight of milk solids … other, dairy products described in additional U.S. note 1 to chapter 4 … described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The general rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, both products will be classified in subheading 2106.90.6600, HTSUS, and dutiable at the general rate of 70.4 cents per kilogram plus 8.5 percent ad valorem. 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 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 Bruce N. Hadley, Jr. at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division