NY 814605 - The tariff classification and status under the North American Free Trade Agreement (NAFTA), of apple cider from Canada; Article 509 - United States International Trade Commision Rulings

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NY 814605

September 15, 1995

CLA-2-22:S:N:N2:232 814605

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090; 2206.00.1500

Mr. Christian Emmanuel
Cemma International Inc.
4829, Avenue Rosedale
Montreal (Quebec)
Canada H4V 2H3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of apple cider from Canada; Article 509

Dear Mr. Emmanuel:

In your letter dated August 28, 1995, on behalf of Verger du Minot in Quebec, Canada, you requested a ruling on the status of three apple cider products from Canada under the NAFTA.

Samples, descriptive information and a laboratory analysis were submitted with your request. "Cremant de Pomme du Minot" contains approximately 2.5 percent alcohol by volume. "Clos du Minot-`Tradition'" and "Cuvee du Minot" contain 0.5 or less alcohol by volume, and are the same product marketed under different names. All of the above products are naturally carbonated ciders produced in Canada from Canadian apples. The ciders are packaged in 750 milliliter glass bottles.

The applicable tariff provision for the "Clos du Minot- `Tradition'" and "Cuvee du Minot" will be 2202.90.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...other...other ...other. The general rate of duty will be 0.3 cents per liter.

The applicable tariff provision for the "Cremant de Pomme du Minot" will be 2206.00.1500, HTS, which provides for other fermented beverages...cider, whether still or sparkling. The general rate of duty will be 0.4 cents per liter. Additionally, there is a Federal Excise Tax of $3.40 per wine gallon on champagne and other sparkling wine.

The ciders, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty for the "Clos du Minot-`Tradition'" and the "Cuvee du Minot" and a 0.1 cents per liter rate of duty for the "Cremant de Pomme du Minot" under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Additional requirements are imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:

Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Avenue N.W.
Washington, D.C. 20226
Tel# 202-927-8500

The country of origin marking requirements for a "good of a NAFTA country" are determined in accordance with Annex 311 of the North American Free Trade Agreement ("NAFTA"), as implemented by section 207 of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8, 1993) and the interim amendments to the Customs Regulations published as T.D. 94-4 (59 Fed. Reg. 109, January 3, 1994) with corrections (59 Fed. Reg. 5082, February 3, 1994) and T.D. 94-1 (59 Fed. Reg. 69460, December 30, 1993). These interim amendments took effect on January 1, 1994 to coincide with the effective date of the NAFTA. The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director,

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