RE: The tariff classification of sweeteners from China

U.S. Department of Homeland Security U.S. Customs and Border Protection National Commodity Specialist Division One World Trade Center, Suite 51.201 New York, NY 10007 U.S. Customs and Border Protection N363905 August 25, 2026 CLA-2-21:OT:RR:NC:N5:229 CATEGORY: Classification TARIFF NO.: 2106.90.9994 Bhavesh Tandel Prana Imports Inc. DBA Prana Gourmet Foods 2301 Cottontail Lane Somerset, NJ 08873 RE: The tariff classification of sweeteners from China Dear Mr. Tandel: In your letter dated July 31, 2026, you requested a tariff classification ruling. A picture of the products, ingredient breakdowns, and product specification sheets accompanied your inquiry. The subject merchandise consists of two sweeteners: “Monk Fruit & Erythritol 1lb,” and “Erythritol & Allulose Sweetener Blend 3lb.” The “Monk Fruit & Erythritol 1lb” is composed of 99 percent erythritol and 1 percent monk fruit, and the “Erythritol & Allulose Sweetener Blend 3lb” is composed of 50 percent erythritol, 45 percent allulose, 3 percent xanthan gum, and 2 percent natural peach flavor. To produce both sweeteners, the raw materials first undergo a pretreatment process to ensure uniform mixing. The pretreated ingredients are then blended in specified ratios and placed in an ultraviolet light sterilization chamber for two to three hours. Following sterilization, the finished products are packed and stored for shipment to the United States. Upon importation, the “Monk Fruit & Erythritol 1lb” will be packaged for retail sale in 16 oz. standup pouches, and the “Erythritol & Allulose Sweetener Blend 3lb” will be packaged for retail sale in 48 oz. standup pouches. The applicable subheading for the “Monk Fruit & Erythritol 1lb” and the “Erythritol & Allulose Sweetener Blend 3lb” will be 2106.90.9994, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other: Other: Other: Other: Other.” The general rate of duty will be 6.4 percent ad valorem. The duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/.
You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). When there is a question as to whether merchandise is subject to an antidumping or countervailing duty order or considered to be defined by the scope of an order, such a determination is governed by the U.S. Department of Commerce’s International Trade Administration (“Commerce”). Commerce issues scope rulings to determine whether merchandise which is in commercial production is covered by the scope of an antidumping or countervailing duty order. Commerce’s scope rulings are separate and distinct from decisions issued by CBP regarding tariff classification and country of origin for purposes such as duty assessment and marking. To seek a scope ruling, please visit the website of Commerce’s International Trade Administration. A guide to seeking a scope ruling can be found at https://access.trade.gov/help/Scope_Ruling_Guidance_(4.1.2022).pdf. A list of current AD/CVD investigations at the United States International Trade Commission can be viewed on its website at http://www.usitc.gov. Additionally, messages sent by Commerce to CBP regarding AD/CVD cash deposits and liquidation can be searched using ACE or CBP’s search tool at https://trade.cbp.dhs.gov/ace/adcvd/adcvd-public/#. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at https://www.cbp.gov/trade/programs-administration/trade-remedies. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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 and Border Protection 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, please contact National Import Specialist Christopher Gangaprashad at [email protected]. Sincerely, (for) James P. Forkan Director National Commodity Specialist Division