Mr. Robert Gilfeather
Fuel For Fire Inc.
13 Tech Circle
Natick, MA 07160
Date of issuance of ruling:
This is in response to a request submitted on your behalf by GHY International for an advance ruling on the tariff classification of Fuel for Fire Fruit & Protein Fuel Pack various flavours (Sweet Potato Apple, Strawberry Banana and Mixed Berry). This product is imported by Fuel for Fire from Natick, MA, United States.
Fuel for Fire Fruit & Protein Fuel Pack is a pureed fruit snack containing various pureed fruits and vegetables and whey protein isolate for use as a pre or post workout high performance snack. In addition to the whey protein, all flavours include water, natural flavour and ascorbic acid. The Sweet Potato Apple also includes an apple, pear and sweet potato puree with ground cinnamon; the Mixed Berry includes an apple, raspberry, and blackberry puree; and the Strawberry Banana includes a banana and strawberry puree. It is packaged for retail sale in a 10g pouch with a plastic cap and should be consumed within 24 hours once opened.
Analysis and Justification
The request suggests tariff classification under 2008.97.10.90 which provides for “Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, mixtures, other.”
The explanatory notes provide that goods containing fruit or nuts and other edible parts of plants remain classified in 20.08 providing the essential character of the preparations is given by such fruit. In this case, the whey powder isolate changes the essential character from a fruit product to a food preparation of subheading 2106.90.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
The Fuel for Fire Fruit & Protein Fuel Pack (Sweet Potato Apple, Strawberry Banana and Mixed Berry flavours) is classified under 218.104.22.168 as other food preparations not elsewhere specified or included, in accordance with GIR 1.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA’s Memorandum D11-11-3, Advance Rulings for Tariff Classification.
This advance ruling is considered reason to believe for the purposes of section 32.2 of the Customs Act and as described in Memorandum D22-1-1, Administrative Monetary Penalty System.
All D-Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3.
Manager, Tariff Policy Unit B
Trade Policy Division
- Date modified: