The tariff classification of energy drinks and a dietary supplement from Canada

N316540 January 15, 2021 CLA-2-21:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Ms. Maureen A. Celmer Welke Customs Brokers 36 Delaware Street Tonawanda, NY 14150 RE: The tariff classification of energy drinks and a dietary supplement from Canada Dear Ms. Celmer: In your letter dated December 17, 2020 you requested a tariff classification ruling on behalf of your client, Organika Health Products. An ingredients breakdown, product specification sheet, and pictures of the product labels accompanied your inquiry. “Pink Mylk™ Latté,” “Blue Mylk™ Latté,” “Turmeric Mylk™ Latté,” and “Adaptogen Mylk™ Latté,” are advertised as health drinks intended to help one loosen up and relax, wind down before bedtime, provide a natural energy boost, kickstart your morning, elevate your afternoon break, or as a post-workout companion. The products are imported in powder form, packaged for retail sale in 200 gram (7.05 oz.) containers, net weight. Instructions on the product labels direct the consumer to mix approximately 2 to 4 teaspoons of powder into a cup of hot or cold water, milk, or a non-dairy beverage. “Quercetin with Bromelain Caplets” is marketed as a dietary supplement intended to reduce ailments in the body such as seasonal allergies, provide natural pain relief, and assist with combating infections. The product is imported in either capsule or liquid form, and packaged for retail sale. Instructions on the product label state the recommended dosage for adults is to take one caplet, one to two times per day, with meals. “Pink Mylk™ Latté,” is said to contain coconut milk, tapioca fiber, dragon fruit, coconut palm sugar, beet root, ashwagandha root, cardamom seed, cinnamon bark, ginger root, himalayan pink salt, and black pepper. “Blue Mylk™ Latté,” is said to contain coconut milk, tapioca fiber, coconut palm sugar, butterfly pea flower, ashwagandha root, spirulina, cardamom seed, cinnamon bark, ginger root, himalayan pink salt, and black pepper. “Turmeric Mylk™ Latté,” is said to contain coconut milk, tapioca fiber, turmeric root, coconut palm sugar, ashwagandha root, cardamom seed, cinnamon bark, ginger root, himalayan pink salt, and black pepper. “Adaptogen Mylk™ Latté,” is said to contain coconut milk, organic gelatinized maca powder, organic reishi mushroom powder, organic lion’s mane mushroom powder, organic ashwagandha root powder, tapioca fiber, coconut palm sugar, cardamom, cinnamon, himalayan pink salt, and black pepper. “Quercetin with Bromelain Caplets” is said to contain quercetin, bromelain, calcium phosphate dibasic dehydrate, microcrystalline cellulose, stearic acid, croscarmellose sodium, and magnesium stearate. The applicable subheading for “Pink Mylk™ Latté,” “Blue Mylk™ Latté,” “Turmeric Mylk™ Latté,” “Adaptogen Mylk™ Latté,” and “Quercetin with Bromelain Caplets” will be 2106.90.9898, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other. The general rate of duty will be 6.4 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 Timothy Petrulonis at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division