0401.20.40.00/Chocolate Milk 2% Fat (No Added Sugar)/China

Chocolate Milk 2% Fat (No Added Sugar) from China

Naturally sweetened chocolate milk using 2% fat base milk with cocoa but no added sugar, technically classified as milk if minimal processing. Borderline HTS 0401.20.40.00 if pure milk with natural chocolate flavoring meeting no-added-sweetener criteria. Quart cartons for school lunch programs.

Duty Rate — China → United States

20%

Rate breakdown

9903.88.157.5%Except as provided in headings 9903.88.39, 9903.88.42, 9903.88.44, 9903.88.47, 9903.88.49, 9903.88.51, 9903.88.53, 9903.88.55, 9903.88.57, 9903.88.65, 9903.88.66, 9903.88.67, 9903.88.68, or 9903.88.69, articles the product of China, as provided for in U.S. note 20(r) to this subchapter and as provided for in the subheadings enumerated in U.S. note 20(s)

9903.05.3112.5%Section 301 (forced labor) — additional 12.5% ad valorem on products of China

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Import Tips

• Prove no added sugars via HPLC analysis; natural cocoa sugars only

• FDA considers significant flavoring shifts to 2202 or 2106 classification

• School milk programs have specific nutritional and procurement rules