HS 220291 Other

For products classified under Harmonized System (HS) subheading 2202.91 ('Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other non-alcoholic beverages, other than fruit or vegetable juices of heading 2009: Other'), the MFN (Column 1-General) duty rate in the United States is 0.2 cents per liter, as per the Harmonized Tariff Schedule of the United States (HTSUS). However, many countries benefit from preferential duty treatment. For instance, products from countries eligible for Generalized System of Preferences (GSP) or specific Free Trade Agreements (FTAs) such as Australia (AU), Bahrain (BH), Chile (CL), Colombia (CO), Israel (IL), Jordan (JO), Korea (KR), Morocco (MA), Oman (OM), Panama (PA), Peru (PE), and Singapore (SG) may enter duty-free. Importers should consult the HTSUS and relevant trade agreement rules of origin to confirm eligibility for these preferential rates.

HS 2202.91 covers 'Other' non-alcoholic beverages, excluding fruit or vegetable juices of heading 2009, and specifically those not falling under 2202.10 (waters, including mineral and aerated, containing added sugar or other sweetening matter or flavored). The critical classification criteria for 2202.91 revolve around the beverage's composition and primary function. It generally includes prepared non-alcoholic beverages that are not primarily fruit or vegetable juice (Chapter 20), not milk-based (Chapter 4), and not coffee or tea preparations (Chapter 9). Examples include energy drinks, sports drinks, and certain flavored drinks that do not meet the sugar/sweetening/flavoring criteria of 2202.10 or are explicitly excluded from other headings. The presence and proportion of specific ingredients (e.g., fruit juice content, added sugar, artificial sweeteners, vitamins, stimulants) are crucial. Importers should refer to the Explanatory Notes to the Harmonized System for Chapter 22 and seek a binding ruling if classification is ambiguous.

For imports under HS 2202.91, standard customs documentation includes a commercial invoice, packing list, bill of lading or air waybill, and a country of origin certificate. Beyond customs, beverages are often subject to stringent food and safety regulations. In the United States, the Food and Drug Administration (FDA) regulates most beverages. Importers must ensure compliance with FDA regulations, which may include prior notice of import, facility registration, ingredient labeling requirements (e.g., nutrition facts, allergen declarations), and adherence to specific standards for contaminants or additives. For preferential duty claims, a valid Certificate of Origin or equivalent declaration from the exporter is mandatory. Importers should verify specific requirements with the relevant national food safety authorities (e.g., FDA in the US, EFSA in the EU) and customs agencies prior to shipment.

Major trade agreements significantly impact duty rates and trade facilitation for HS 2202.91. For instance, under the United States-Mexico-Canada Agreement (USMCA), qualifying beverages originating from Mexico or Canada generally enter the U.S. duty-free, provided they meet the agreement's rules of origin. Similarly, the EU-UK Trade and Cooperation Agreement (TCA) allows for zero tariffs and zero quotas on goods traded between the EU and the UK, including beverages under HS 2202.91, provided they meet the specific rules of origin outlined in the agreement. Importers must ensure that the goods meet the 'originating goods' criteria, which often involves specific regional value content or change in tariff classification rules. Failure to meet these rules means the goods would be subject to MFN rates. Customs brokers and importers should carefully review the specific origin provisions of the applicable trade agreement.