In NY N309405, Customs and Border Protection (CBP) determined the classification of a yogurt blend from France. GoGo SqueeZ YogurtZ ”Pandora” Banana Greek Yogurt Blend is 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 is packed in pouches, 3 oz or 85 grams, net weight.

CBP determined that the applicable subheading for the product is 2106.90.64, 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, exceeding 4,105,000 kilograms, the product 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.