Non-alcoholic beer classifies under 220291 regardless of whether it contains a very small residual alcohol content, provided it is produced and marketed as a non-alcoholic product. The key is that it is not a beer made from malt in the conventional sense — it is specifically designated as non-alcoholic. Products with alcohol content above the threshold that defines 'non-alcoholic' under applicable regulations would move to the malt beer or other alcoholic beverage headings.

Energy drinks containing added caffeine, botanical extracts, or other functional ingredients are regulated by FDA as conventional foods or, in some cases, dietary supplements, depending on how they are labeled and marketed. FDA has issued guidance on safe caffeine levels in beverages, and products making unauthorized health claims may be refused entry. Importers should ensure that ingredient lists, caffeine content, and any structure/function claims comply with US labeling regulations before shipment.