United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G83418 - NY G83507 > NY G83488

Previous Ruling Next Ruling
NY G83488




October 31, 2000

CLA-2-18:RR:NC:SP:232 G83488

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.12.9000
Ms. Laura Latour
ACTIPACK INC
76 rue de la Gare
Saint-Jerome, Quebec
J7Z 2B8 Canada

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

Dear Ms. Latour:

In your letter dated October 3, 2000 you requested a tariff classification ruling. Samples were submitted with your request. The subject merchandise is known as either Triplettes, OPTIPACK and ACTIPACK. It consists of three individually packed products, which are joined together by perforated borders. There is a packet of non-fat dry milk (0.11 ounces), a packet of powdered sugar (0.28 ounces), and a packet of either 40 percent spray dried coffee and 60 percent chicory blend, or 50 percent spray dried coffee and 50 percent chicory blend (0.05 ounces). 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 non fat dry milk is from France, and the chicory is from Belgium. 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 the Triplettes, OPTIPACK and ACTIPACK product will be 2101.12.9000, 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 coffeePreparations with a basis of extracts, essences or concentrates or with a basis of coffeeotherother. The rate of duty will be 8.5 percent ad valorem.

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,

Previous Ruling Next Ruling

See also: