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NY G81470




September 19, 2000

CLA-2-18:RR:NC:SP:232 G81470

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.11.2126

Ms. Laura Latour
ACTIPACK INC
76 rue de la Gare
Saint-Jerome, Quebec
J7Z 2B8 Canada

RE: The tariff classification of Triplettes (OCTIPACK, ACTIPACK) from Canada

Dear Ms. Latour:

In your letter dated August 24, 2000 you requested a tariff classification ruling. Samples and information were submitted with your initial request dated June 19, 2000. Additional information was submitted by fax dated September 12, 2000. The subject merchandise is known as either Triplettes, OCTIPACK and ACTIPACK. It consists of three individually packed products, which are joined together by perforated borders. There will be two different types of product. One will contain a packet of non-fat dry milk (0.42 ounces), a packet of powdered sugar (0.28 ounces), and a packet of pure freeze dried coffee (0.05 ounces). The other product will contain a packet of non dairy creamer (0.11 ounces), a packet of artificial sweetener mix (97 percent maltodextrin, 3 percent aspartame) (0.05 ounces), and a packet of pure freeze dried coffee (0.05 ounces). In both types of products, the three packets are intended to be separated, opened and mixed together with the addition of hot water to produce a coffee beverage. The coffee is from Brazil, the powdered sugar (polarity 99.97 degrees) is from Germany, the sweetener mix and the non dairy creamer are from the United States, and the non fat dry milk is from France. The various ingredients are sent to France, where they are packaged and shipped to Canada for distribution. The merchandise will be packaged in boxes holding approximately 400 items. It will be sold to prisons, hospitals, schools, etc. The three joined packets are given to each person, who mixes the contents with hot water to produce the finished coffee beverage.

The subject merchandise is considered to be a set for classification purposes. The applicable subheading for both types of the Triplettes, OCTIPACK and ACTIPACK products will be 2101.11.2126, Harmonized Tariff Schedules 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: extracts, essences and concentrates: instant coffee, not flavorednot decaffeinated: packaged for retail sale. The rate of duty will be free.

Although classified as a set, the individual components of the set must be shown separately on the entry documents. You may wish to discuss the entry requirements of these products with the Customs import specialist at the proposed port of entry.

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 countries 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
Implementation & Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
Tel. # 202-205-5321

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 John Maria at 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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