9902.01.12 - Edible powder containing conjugated linoleic acid (CAS Nos. 2540-56-9 and 2420-56-6) containing over 10 percent by weight of milk solids (provided for in subheading 2106.90.82)

This HTS category, 9902.01.12, specifically addresses edible powders that are characterized by their content of conjugated linoleic acid (CLA), identified by CAS numbers 2540-56-9 and 2420-56-6. A key defining feature of these powders is that they must contain over 10 percent by weight of milk solids. This classification is established under temporary legislation and special provisions, indicating that its application is subject to specific trade agreements or agricultural adjustment acts, as detailed in Chapter 99 of the HTS.

Distinguishing this category from its siblings requires a focus on its unique composition and intended use. Unlike the broad agricultural and food product categories found at higher levels of the HTS, which might cover raw agricultural commodities or finished food products more generally, 9902.01.12 targets a very specific functional food ingredient. Its sibling categories, which range from live animals to various prepared foodstuffs within Chapter 21, do not share the precise formulation of CLA and milk solids combined with its status under temporary legislation.

As a leaf node, this category has no further subdivisions. Therefore, the focus for classification purposes rests entirely on meeting the specific criteria outlined in its description: the presence of conjugated linoleic acid (CAS Nos. 2540-56-9 and 2420-56-6) and a milk solids content exceeding 10 percent by weight. Importers must ensure these two principal components are accurately reflected in their documentation to comply with the provisions of subheading 2106.90.82, which serves as the basis for this temporary classification.