HS 220299 Other

HS code 2202.99, titled 'Other,' is a residual subheading under Chapter 22, which covers 'Beverages, spirits and vinegar.' Specifically, 2202 covers 'Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 20.09.' Products fall into 2202.99 if they are non-alcoholic beverages that do not fit more specific subheadings within 2202 (e.g., 2202.10 for waters containing added sugar or other sweetening matter or flavoured) and are not fruit or vegetable juices of heading 20.09. This typically includes various ready-to-drink non-alcoholic beverages such as energy drinks, sports drinks, flavored milk substitutes (e.g., almond milk, soy milk, oat milk, provided they are not classified elsewhere as food preparations), and other specialty non-alcoholic drinks, provided they meet the general criteria for beverages and are not alcoholic. Classification hinges on the primary composition, intended use, and absence of alcohol content.

The MFN (Most Favored Nation) import duty rates for HS 2202.99 vary significantly by importing country or customs union. Based on the provided sample data, common MFN rates include 8.00% ad valorem and 9.60% ad valorem in some jurisdictions. Other regions may apply specific duties, such as 27.6¢/liter + 17.5% or 23.5¢/liter + 14.9%. For instance, the United States (under the Harmonized Tariff Schedule of the United States, HTSUS) generally applies an MFN duty rate of 0.2 cents per liter for many non-alcoholic beverages under 2202.99. Importers should consult the specific tariff schedule of the destination country (e.g., USITC HTSUS, EU TARIC, UK Trade Tariff) to ascertain the precise MFN duty rate applicable at the time of import.

Yes, preferential duty rates are often available for products classified under HS 2202.99, depending on the country of origin and existing Free Trade Agreements (FTAs) or special programs. The sample data indicates 'Free' duty for imports from countries such as Bahrain (BH), Chile (CL), Jordan (JO), Korea (KR), Morocco (MA), Oman (OM), Panama (PA), Peru (PE), and Singapore (SG) into certain markets, likely due to specific FTAs. Additionally, special provisions like 'See 9822.04.25 (AU)' for Australia, 'See 9823.01.01-9823.01.07 (S+)' for certain special programs, and 'See 9918.04.60, 9918.04.80 (CO)' for Colombia suggest further preferential treatment or quotas. Importers should verify the specific rules of origin and documentation requirements (e.g., Certificate of Origin) under relevant trade agreements to claim these reduced or free duty rates.

For imports under HS 2202.99, standard customs documentation is required, including a commercial invoice, packing list, and bill of lading or air waybill. Additionally, due to the nature of the product as a consumable beverage, several specific documents and certifications may be necessary:

1. Ingredient List and Nutritional Information: Often required for regulatory compliance and consumer safety.
2. Health Certificates/Sanitary Certificates: Issued by the competent authority in the country of origin, confirming the product's safety for human consumption.
3. Certificate of Origin: Essential for claiming preferential duty rates under FTAs.
4. Food and Drug Administration (FDA) Registration/Prior Notice: For imports into the United States, facilities producing food and beverage products must be registered with the FDA, and prior notice of arrival is typically required.
5. Labeling Compliance: Labels must comply with the destination country's regulations regarding ingredients, allergens, nutritional facts, and language.
6. Import Permits: Some countries may require specific import permits for certain food and beverage products. Importers should consult the relevant food safety and customs authorities in the importing country for precise requirements.

Distinguishing between HS 2202.99 and related codes is crucial for accurate classification:

• HS 2202.10 (Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured): This subheading is more specific than 2202.99. If your product is primarily water (mineral or aerated) that has been sweetened or flavored, it belongs here. 2202.99 is for 'other' non-alcoholic beverages that are not primarily water-based in the same sense, or do not fit other specific 2202 subheadings.
• HS 2009 (Fruit or vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter): This heading specifically covers fruit and vegetable juices. If your beverage is predominantly a fruit or vegetable juice (e.g., orange juice, tomato juice), even if sweetened or flavored, it should be classified under 2009, not 2202.99. The key distinction is the primary ingredient and character of the beverage – 2009 for juices, 2202 for other non-alcoholic beverages.
• General Rule of Interpretation (GRI) 1 and 6 of the Harmonized System are fundamental. GRI 1 states that classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes. GRI 6 applies the same principles to subheadings, meaning the most specific subheading takes precedence. If a beverage is clearly a sweetened/flavored water, it goes to 2202.10; if it's a fruit juice, it goes to 2009. Only if it doesn't fit these more specific descriptions, and is still a non-alcoholic beverage, does it fall into the residual 2202.99.