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NY C81963




December 18, 1997

CLA-2-22:RR:NC:SP:232 C81963

CATEGORY: CLASSIFICATION

TARIFF NO.: 2208.90.8000

Mr. Jeff Hock
New Brands, Inc.
525 Broadway, Suite 701
New York, NY 10012

RE: The tariff classification of Green Hemp Vodka from Germany.

Dear Mr. Hock:

In your letter received November 24, 1997, you requested a tariff classification ruling.

You submitted descriptive literature and a sample with your request. The subject merchandise is "Green Hemp Vodka". It is said to consist of a mixture of citrus juice concentrates, hemp extract (made from sterilized, peeled hemp seeds), flavors, colors, and preservatives, and vodka with an alcohol content of 4 percent by volume. It will be imported in 200 ml glass bottles.

The applicable subheading for the hemp vodka will be 2208.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 percent vol.; spirits, liqueurs and other spirituous beverages: Other: Other: Other. The rate of duty will be 27.1 cents per proof liter. Importations after January 1, 1998, will be dutiable at the rate of 25.1 cents per proof liter.

Imports under this subheading may also be subject to a Federal Excise Tax (26 U.S.C. 5041) of $13.50 per proof gallon and a proportionate tax at the like rate on all fractional parts of a proof gallon.

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
Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at: Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does 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 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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,

Robert B. Swierupski

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