In ruling NY N316540 (January 15, 2021), Customs and Border Protection (CBP) discussed the classification for: “Pink Mylk™ Latté,” “Blue Mylk™ Latté,” “Turmeric Mylk™ Latté,” and “Adaptogen Mylk™ Latté.” As described in the ruling, the items, imported in powder form, are blends consisting of coconut milk and other various ingredients.

The powder is packaged for retail sale in 200 gram (7.05 oz.) containers, net weight. The ruling states that the items are advertised as health drinks intended to help consumers relax, provide a natural energy boost, or be taken as a post-workout companion. All are caffeine free. The consumer mixes the powder with hot or cold water, milk, or a non-dairy beverage in order to consume.

CBP determined that applicable subheading for all the items at issue is 2106.90.9898, HTSUS, which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other.  The general rate of duty will be 6.4% ad valorem.

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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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