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NY D83153




October 22, 1998

CLA-2-21:RR:NC:2:228 D83153

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9971

Mr. Patrick K. McCooey
Mitsubishi International Corporation
520 Madison Avenue
New York, NY 10022-4223

RE: The tariff classification of a beverage powder from Japan

Dear Mr. McCooey:

In your letter dated October 2, 1998 you requested a tariff classification ruling.

A sample, submitted with your letter, was examined and disposed of. Hinute Peptide Sports Drink is a cream-colored powder, said to be composed of soy peptide, erythritol, citric acid, calcium lactate, grapefruit juice powder, flavor, aspartame, guar gum, sodium ferrous citrate, niacin, calcium pantothenate, and vitamins A, C, E, B1, B2, B6, B12, and D3. The product is described as a protein supply drink powder, and will be packaged in 17-gram pouches, 30 pouches to a box, or in 510-gram cans. The powder is mixed with 150-milliliters of cold water to make the beverage.

The applicable subheading for this product will be 2106.90.9971, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other...other...preparations for the manufacture of beverages...containing high-intensity sweeteners (e.g., aspartame and/or saccharin).... The rate of duty will be 7.6 percent ad valorem.

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 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 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 Stanley Hopard at 212-466-5760.

Sincerely,

Robert B. Swierupski
Director,

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