In ruling NY N304774, Customs and Border Protection (CBP) determined the classification of “avocadomilk.” The subject merchandise, is described as a plant-based dairy-free milk sold under the brand name “avacadomilk”. It contains Water, Oat Milk Powder, Honeydew Honey, Freeze-Dried Avocado, Cocoa Powder, Salt, Gellan Gum (Stabil 101) and Natural Sweet Spot Flavour #1413124. “avacadomilk” is made in New Zealand and will be packaged for retail sale in 380 ml and 800 ml aseptic PET bottles.

CBP determined that the applicable subheading for “avacadomilk” is 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 general rate of duty will be .02 cents per liter.

It is noted that 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).

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Photo of Frances P. Hadfield Frances P. Hadfield

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving…

Frances P. Hadfield is a counsel in Crowell & Moring’s International Trade Group in the firm’s New York office. Her practice focuses on forced labor and withhold release orders (WRO), import regulatory compliance, and customs litigation. She regularly advises corporations on matters involving customs compliance, audits, customs enforcement, as well as import penalties.

Frances represents clients before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, as well as in proceedings at the administrative level. She advises corporations on both substantive federal and state regulatory issues that involve U.S. Customs and Border Protection, the Federal Trade Commission, Food and Drug Administration, and U.S. Fish & Wildlife in matters pertaining to product admissibility, audits, classification, import restrictions, investigations, marking, licenses, origin, penalties, and tariff preference programs.

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