Two special food products will be placed under a new tariff heading

Gellan gum mixture: not an additive, but a target product

The new classification of gellan gum mixture was justified by the fact that sucrose added in large quantities not only performs a technological function – for example, the standardization of gellan gum – but also facilitates the use of the product in various food products, such as soy-based beverages. Since the mixture is not considered to be a general purpose additive and is used in the production of foodstuffs for human consumption, it cannot be classified under heading 3913, which mainly covers modified vegetable gums and similar substances.

The product consists of 60-80% sucrose, which is therefore a nutritional ingredient, and therefore classification in Chapter 38 is not justified. Accordingly, the product should be classified in the future as a ‘food preparation not elsewhere specified or included’ under CN code 2106 90 98.

Carbonated alcoholic beverage: unfermented product

The other newly classified product is a carbonated alcoholic beverage in which the alcoholic component no longer carries the flavour and aroma characteristics of the original fruit or other natural raw material. Therefore, the final product loses its character as a fermented beverage and cannot be classified under tariff heading 2206, which covers fermented beverages and mixtures of non-alcoholic and fermented beverages.

Since the product retains its alcoholic content but is more likely to be classified as other spirit drinks, the appropriate classification is CN code 2208 90 69, which covers other spirit drinks in containers holding up to 2 litres.

It is important to note that the previously issued binding tariff information (BTI) will remain valid for a further three months in both cases after the entry into force of the regulations on 9 July 2025, allowing the economic operators concerned to make the transition.
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