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NY G81394




September 11, 2000

CLA-2-21:RR:NC:2:228 G81394

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9971

Mr. Timothy J. Root
TAGG NPD Ltd.
19-20 Rosemary House
Landwades Business Park
Kentford Newmarket Suffolk CB8 7PW England

RE: The tariff classification of a drink mix from the United Kingdom

Dear Mr. Root:

In your letter dated July 24, 2000 you requested a tariff classification ruling.

An ingredients breakdown was provided with your letter. Descriptive literature, including a copy of the proposed retail packaging, was submitted with earlier correspondence. Verve Getup & Go is a powdered drink mix packed for retail sale, composed of approximately 78 percent maltodextrin, 11 percent artificial flavoring, 7 percent citric acid, 2 percent sodium chloride, one percent isolated soy protein, and less than one percent each of ascorbic acid and aspartame.

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 includedotherotherpreparations for the manufacture of beveragescontaining high-intensity sweeteners (e.g., aspartame and/or saccharin). The rate of duty will be 6.4 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 of the retail package 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 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 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,

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