Energy Drink
CN → US| HS Code | Tariff Rate | Origin | Destination | Doc |
|---|---|---|---|---|
| 2106901200 | 0.0% | CN | US | Official Doc |
| 2202100055 | 0.0% | CN | US | Official Doc |
| 2106909971 | 16.4% | CN | US | Official Doc |
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AI Analysis
⚡ Energy Drink (功能饮料)
🌐 HS Code Reference & Customs Clearance Guide | 2026 Tax Regime Breakdown | Strategic Import Strategy
📌 One: Product Definition & Classification: Do You Really Understand "Energy Drinks"?
Energy drinks are a unique category of beverages designed to boost physical and mental performance. In international trade, they are primarily classified based on: 1. Alcohol Content: Does it contain alcohol? (Non-alcoholic vs. Alcoholic) 2. Form: Is it liquid or a concentrate/powder? 3. Ingredients: Does it contain added sugar, sweeteners, or flavorings?
⚠️ Critical Distinction:
- Liquid Non-Alcoholic (e.g., Red Bull, Monster cans) → Likely falls under 2202.10.00.55 (Water/Sweetened Drinks) or 2106.90.12.00 (Prepared Drinks with Alcohol).
- Powders/Concentrates (e.g., pre-workout mixes) → Likely falls under 2106.90.99.71 (Food Preparations).
- Alcoholic Energy Drinks → Strictly regulated under 2106.90.12.00 (Drinks with Alcohol).
📦 Two: HS Code Classification Details (2026 Authoritative Tax Code)
Based on the provided data, here are the three potential HS Codes for Energy Drinks and the logic behind their classification:
| HS Code | Product Description | Classification Logic | Suitability for Energy Drink |
|---|---|---|---|
| 2106.90.12.00 | Prepared Foodstuff containing alcohol | Logic: Classified under "Prepared drinks/beverages" that may contain alcohol. No material/形态 conflict. | ✅ Highly Likely if the drink contains alcohol or is a non-standard "prepared drink" mixture. |
| 2202.10.00.55 | Water, including mineral and carbonated water, flavored/added sugar/sweetener | Logic: Based on common knowledge, it is a liquid drink. It falls under "non-alcoholic drinks with added sugar/sweeteners/flavoring." | ✅ Most Common for standard non-alcoholic energy drinks (e.g., canned drinks with sugar/caffeine). |
| 2106.90.99.71 | Prepared Foodstuffs (Food Preparations) | Logic: Classified as "manufactured drink preparations." Based on other category rules, it is "likely to comply." | ⚠️ Alternative for powders, concentrates, or specialized formulations not fitting 2202. |
🔍 Key Reminder:
- Standard Canned Energy Drinks (Non-alcoholic, sweetened) → 2202.10.00.55 is the primary choice.
- Alcoholic Energy Drinks → 2106.90.12.00 is the mandatory choice.
- Powders/Concentrates → 2106.90.99.71 is the likely fallback if the liquid definition doesn't fit.
💰 Three: 2026 Tariff Rate Breakdown (Detailed Tax Clauses)
✅ Applicable Country: USA (Implied by "122 Clause" and tax structure)
✅ Origin: China (CN) (Implied by "Section 122" and high tariffs)
✅ Effective Time: 2026 (Latest Regime)
🎯 1. 2106.90.12.00 — Energy Drink (Prepared Drink with Alcohol)
| Item | Content |
|---|---|
| Base Tariff | 4.2¢/kg + 1.9% |
| Section 301 (Added Tariff) | +7.5% |
| Section 122 (Additional Tariff) | +10% |
| Total Tax Structure | 4.2¢/kg + 1.9% + 7.5% + 10% |
| Effective Total Rate | ~19.4% + 4.2¢/kg (Ad Valorem + Specific) |
| Legal Basis | 2106.90.12.00 + Section 301 + Section 122 |
📌 Explanation:
- 4.2¢/kg: A specific duty based on weight (common for liquids/food).
- 1.9%: Base Ad Valorem tariff.
- 7.5%: Standard Section 301 additional tariff on Chinese goods.
- 10%: Section 122 tariff (specific punitive measure).
- Total: This is a heavy tax burden. If the product contains any alcohol, this code applies, and the specific duty (¢/kg) makes high-volume imports very expensive.
🎯 2. 2202.10.00.55 — Energy Drink (Non-Alcoholic, Sweetened Water)
| Item | Content |
|---|---|
| Base Tariff | 0.2¢/liter |
| Section 301 (Added Tariff) | +25.0% |
| Section 122 (Additional Tariff) | +10% |
| Total Tax Structure | 0.2¢/liter + 35.0% (Base + 25% + 10%) |
| Effective Total Rate | ~35.2% (Ad Valorem) + 0.2¢/liter |
| Legal Basis | 2202.10.00.55 + Section 301 + Section 122 |
📌 Explanation:
- 0.2¢/liter: Very low specific duty per volume.
- 35.0%: The sum of Base (0%), Section 301 (25%), and Section 122 (10%). Note: Data shows 0.2¢/liter + 35.0% total.
- This is the highest Ad Valorem rate among the three codes due to the 25% Section 301 surcharge.
- Critical: Most standard energy drinks (Red Bull, Monster) fall here. The 35% tax is significant.
🎯 3. 2106.90.99.71 — Energy Drink (Food Preparation/Powder)
| Item | Content |
|---|---|
| Base Tariff | 6.4% |
| Section 301 (Added Tariff) | +0.0% |
| Section 122 (Additional Tariff) | +10% |
| Total Tax Structure | 6.4% + 0% + 10% = 16.4% |
| Effective Total Rate | 16.4% |
| Legal Basis | 2106.90.99.71 + Section 122 |
📌 Explanation:
- 16.4%: The lowest total rate.
- No Section 301: This is the key advantage. This code often applies to powders, concentrates, or supplements that are not strictly "beverages" but "food preparations."
- Strategy: If your product can be legally classified here (e.g., "Prepared foodstuff" rather than "Beverage"), you save ~18.6% compared to the 35% rate in 2202.10.00.55.
🛠️ Four: Customs Clearance Practical Advice (Real-World Pitfall Guide)
✅ 1. Material Preparation Checklist
| Document | Requirement | Why It Matters |
|---|---|---|
| Ingredient List | ✔️ Mandatory | Must explicitly state "Alcohol % = 0%" or "Contains Alcohol". Determines if it goes to 2106.90.12.00 or 2202.10.00.55. |
| Formula Sheet | ✔️ Mandatory | Helps prove if it's a "Beverage" (2202) or "Food Prep" (2106.90.99.71). |
| Physical Samples | ✔️ Strongly Recommended | Inspectors will check if the powder (2106) dissolves into a drink or is consumed as-is. |
| Marketing Materials | ✔️ Check | If ads say "Energy Drink," they will push for 2202. If they say "Supplement," 2106 might work. |
| Certificate of Analysis | ✔️ Mandatory | Proves no alcohol, sugar content, and caffeine levels. |
✅ 2. Declaration Strategy (The "Tax Saving" Trap)
🔥 Golden Rule: "Classify by Substance, Not by Name!"
| Scenario | Recommended HS Code | Tax Rate | Risk Level |
|---|---|---|---|
| Standard Canned Energy Drink (No alcohol) | 2202.10.00.55 | ~35% | 🟡 High (High tax) |
| Alcoholic Energy Drink (e.g., Hard Seltzer with energy) | 2106.90.12.00 | ~19.4% + Spec | 🔴 Critical (Alcohol restrictions apply) |
| Powdered Energy Mix (Sold as "Pre-workout") | 2106.90.99.71 | 16.4% | 🟢 Lowest (Best for savings) |
| Liquid Concentrate (Needs dilution) | 2106.90.99.71 | 16.4% | 🟢 Lowest (Avoids 2202) |
⚠️ Warning:
- Do NOT declare a liquid energy drink as "2106.90.99.71" just to save tax. If the substance is a ready-to-drink beverage, customs will reclassify it to 2202.10.00.55 and fine you for the 35% tax + penalties.
- Alcohol is a Red Flag: If there is any ethanol, it must go to 2106.90.12.00. Trying to hide it under 2202 leads to seizures.
✅ 3. Special Handling for "Energy" Claims
| Situation | Strategy |
|---|---|
| High Caffeine Content | Ensure FDA compliance. If caffeine > 200mg/serving, it may be rejected as a "drug" rather than a "beverage." |
| "Supplement" Labeling | If you can market it as a "Dietary Supplement" (powder), use 2106.90.99.71. Avoid "Beverage" in the name. |
| Packaging | Keep liquid in cans/bottles (2202) vs. Powder in sachets (2106). Packaging changes the physical classification. |
🌍 Five: Global Market Comparison (2026)
| Market | Preferred HS Code | Estimated Duty (China Origin) | Key Risk |
|---|---|---|---|
| 🇺🇸 USA | 2202.10.00.55 or 2106.90.99.71 | 35% (Liquid) / 16.4% (Powder) | Section 122 adds 10% on top. |
| 🇪🇺 EU | 2202.10 (or similar) | ~0% - 10% | No Section 122/301. |
| 🇨🇳 China | 2202.10 or 2106.90 | ~5% - 15% | No Section 122. |
📌 Conclusion:
The USA has the most complex and punitive tariff structure for energy drinks due to Section 301 (25%) and Section 122 (10%).
Strategy: If possible, switch to powder/concentrate form to utilize 2106.90.99.71 (16.4%) and avoid the 35% liquid tax.
📌 Six: Common Mistakes & Pitfalls
❌ Mistake 1: Calling a powder "Energy Drink" and declaring it as a liquid (2202).
👉 Result: Tax rate jumps from 16.4% to 35%. Audit risk!
❌ Mistake 2: Hiding alcohol content in a non-alcoholic drink.
👉 Result: Seizure of goods, massive fines, and potential criminal charges for misdeclaration.
❌ Mistake 3: Ignoring Section 122.
👉 Result: Calculating only 25% (301) and missing the extra 10%. Underpaid by 10% of value.
✅ Correct Approach:
"Be specific about form (Liquid vs. Powder) and content (Alcohol vs. Non-Alcohol). Use 'Food Preparation' (2106.90.99.71) for powders to save 18.6%."
🎯 Seven: Final Verdict
🎯 The Bottom Line:
🔹 Liquid Energy Drinks = 35% Tax (2202.10.00.55).
🔹 Alcoholic Energy Drinks = ~19.4% + Spec Tax (2106.90.12.00).
🔹 Powders/Concentrates = 16.4% Tax (2106.90.99.71).🔹 "HS Code is Life and Death!"
A difference of 18.6% in tax rate can make or break your profit margin.
"Don't just declare 'Energy Drink'—declare the FORM!"
📌 Pro Tip:
If you are exporting powders, clearly label them as "Dietary Supplement" or "Food Preparation" and ensure the packaging does not resemble a ready-to-drink beverage. This is your best shot at the 16.4% rate.
📣 Action Required:
📞 Consult Customs Broker: Verify the alcohol content and physical form.
📄 Apply for Binding Ruling: Get a pre-classification from CBP to avoid surprises.
🚀 Optimize Supply Chain: Shift from liquid to powder if margins are tight!
✨ Smart Classification = Smart Profit!
💼 Your tax bill is what you declare, not what you sell!
Customer Reviews
About HS Code Classification
The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.
Each HS code follows a hierarchical structure:
- Chapter (2 digits) — Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
- Heading (4 digits) — More specific grouping within the chapter
- Subheading (6 digits) — Internationally standardized breakdown, used by all WCO member countries
- National subdivisions (8-10 digits) — Country-specific extensions for further classification, such as US HTSUS 10-digit codes
Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.
When importing from CN to US, the applicable tariff rates may include:
- Most-Favored-Nation (MFN) rate — The standard duty rate applied to WTO members
- General rate — Applied to countries without trade agreements
- Trade remedy duties — Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties
The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.