Background

In the June 2, 2021, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying five different flavors of hard seltzer as other fermented beverages under HTSUS 2206.00.90 (4.2 cents/liter duty) rather than as beer made from malt under HTSUS 2203.00.0060 (duty-free).

The subject products consist of beer base (15-17 percent), natural flavors (2-3 percent), water (81-82 percent), and trace amounts of juice concentrate, cane sugar, citric acid, and sodium citrate. The beer base is produced by fermenting, clarifying, and filtering a mixture of sugar (51 percent), yeast and nutrients (less than 4 percent), water, and trace amounts of malted gluten-free grains.

CBP states that this product is entirely distinct from beer because it does not have the taste, aroma, character, or appearance of beer. It is also not named beer or sold, labeled, or marketed as beer.

Ruling HQ H314978 will revoke rulings NY N315004 and NY N313678 to reflect this change, effective with respect to goods entered or withdrawn from warehouse for consumption on or after Aug. 1

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email

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