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NY C83567




February 13, 1998

CLA-2-21:RR:NC:SP:232 C83567

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.12.5400; 2101.12.5800

Mr. Mirko Despotovich
Tradex USA, Inc.
PO Box 17345
Irvine, CA 92713

RE: The tariff classification of "King's Cafe" Instant Coffee Mix from Singapore.

Dear Mr. Despotovich:

In your letter dated January 17, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request, and supplied additional information via fax on February 10, 1998. The merchandise in question is "King's Cafe" instant coffee mix which is imported in 20 gram foil packets. The consumer will add water to produce a beverage. The mix is stated to consist of 12 percent instant coffee, 47 percent non-dairy creamer, and 41 percent sugar.

The applicable subheading for the King's Cafe instant coffee mix, if imported in quantities that fall within the limits described in additional U.S. note 8 to Chapter 17, will be 2101.12.5400, Harmonized Tariff Schedule of the United States (HTS), which provides for Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: Preparations with a basis of extracts, essences or concentrates or with a basis of coffee: 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 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 2101.12.5800, HTS, and dutiable at the rate of 33.2 cents per kilogram plus 9 percent ad valorem. In addition, products classified in subheading 2101.12.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.59, HTS. 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 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.

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

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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