1401.14(d) Nut and Plant Milks; Milk Substitutes
Under the 10th edition of the Nice Classification, nut or plant milks were generally classified according to their purpose. If the goods were used as milk substitutes or used for culinary purposes, the goods were classified in Class 29. If the goods were used as beverages, other than milk substitutes, they were classified in Class 32.
Under the 11th edition of the Nice Classification, goods identified as "milk" or "milk-based beverages" must be classified in Class 29. The identification may include the purpose of the milk (e.g., for use as a beverage, for culinary purposes, etc.), but it is not required. The purpose of the milks generally has no impact on classification. For example, "almond milk," "almond milk-based beverages," and "almond milk for culinary purposes" are all acceptable in Class 29.
"Milk substitutes" was added to the Nice Alphabetical List in Class 29 under NCL 11-2017; thus, "milk substitutes" is an acceptable identification without further specification. The identification may indicate the particular type of milk substitute, but it is not required.