The tariff classification of “Kids Krave” juice beverages from Brazil

N317086 February 16, 2021 CLA-2-22:OT:RR:NC:N2:232 CATEGORY: Classification TARIFF NO.: 2202.99.9000 Ernani J. Verlangieri JFD Trading 2780 NE 21st Terrance Lighthouse Point, FL 33064 RE: The tariff classification of “Kids Krave” juice beverages from Brazil Dear Mr. Verlangieri: In your letter dated January 22, 2021, you requested a tariff classification ruling. Ingredients breakdowns, a manufacturing flowchart, product labels and videos of the products accompanied your inquiry. The subject merchandise is “Kids Krave,” juice beverages in three flavors: orange, grape and fruit punch. The beverages will be imported in 200ml tetra packs, ready for consumption. The orange flavored juice beverage consists of 84.8 percent Filtered Water, 12 percent Sugar Cane Syrup (76 Brix), 2.5 percent Concentrated Orange Juice (65 Brix), and trace amounts of Citric Acid, Ascorbic Acid (Vitamin C), Natural Orange Flavor, and Xantam Gum 80 Mesh. The grape flavored juice beverage consists of 83.3 percent Filtered Water, 13.1 percent Sugar Cane Syrup (76 Brix), 3 percent Concentrated Grape Juice (68 Brix), and trace amounts of Citric Acid, Malic Acid, Sodium Citrate, Ascorbic Acid (Vitamin C), Natural Grape Flavor, and Xantam Gum 80 Mesh. The fruit punch flavored juice beverage consists of 81.5 percent Filtered Water, 12.6 percent Sugar Cane Syrup (76 Brix), 2.7 percent Concentrated Clarified Apple Juice (70 Brix), 2.4 percent Concentrated Red Grape Juice (68 Brix), and trace amounts of Concentrated Pineapple Perola Juice (60 Brix), Citric Acid, Ascorbic Acid (Vitamin C), Natural Strawberry Flavor, Natural Blackberry Flavor, Natural Raspberry Flavor, and Xantam Gum 80 Mesh. In your letter, you suggest 2202.90.9090, Harmonized Tariff Schedule of the United States (HTSUS) which no longer exists. Subheading 2202.90 has been replaced with subheading 2202.99. The applicable subheading for the “Kids Krave” juice beverages in orange, grape and fruit punch flavors will be 2202.99.9000, 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 duty rate 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 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