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NY 815024




September 26, 1995

CLA-2-21:R:N2:232 815024

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.20.5400; 2101.20.5800

Mr. Patrick E. Mines
P. Mines Customs Services
28 Princess Street
P.O. Box 1197
Fort Erie, Ontario L2A 5Y2
Canada

RE: The tariff classification of various iced tea blends from Canada.

Dear Mr. Mines:

In your letter dated September 11, 1995, on behalf of R.W. Patten Distributors Ltd., Ontario, Canada, you requested a tariff classification ruling.

The subject merchandise consists of different iced tea blends, which are stated to contain between 92.10 percent to 96.01 percent sugar, with various quantities of iced tea premixes and citric acid. The iced tea premixes contain tea, ascorbic acid, artificial flavor and color. The products will be imported in one ton tote bags and will be repacked in the United States for sale to retail consumers. The consumer adds water to make a finished drink.

The applicable subheading for the various iced tea blends, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2101.20.5400 Harmonized Tariff Schedules of the United States (HTS), which provides for extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate...other...other ...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The general rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2101.20.5800, HTS, and dutiable at the rate of 35 cents per kilogram plus 9.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

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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