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NY I82411




June 19, 2002

CLA-2-39:RR:NC:SP:222 I82411

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000; 2106.90.9971; 2106.90.9972; 2811.21.0000; 7613.00.0000

Mr. Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of the components for the “Home Soda Maker” from Israel.

Dear Mr. Hoffacker:

In your letter dated May 15, 2002, on behalf of Soda Club USA, you requested a tariff classification ruling.

Samples were provided with your letter. In NY I80630 this office issued a ruling on the complete Home Soda Maker, classifying it in subheading 8481.80.5090, HTS. At times the components of the Home Soda Maker will be imported separately, and you have requested a ruling on the individual components. The components of the Home Soda Maker are a plastic bottle, soda mix syrups and the carbonator, which is carbon dioxide in an aluminum cylinder. The soda mix syrups are in liquid form and have various types of sweeteners. The samples are being returned as you requested.

The applicable subheading for the plastic bottle will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other tableware, kitchenware and other household articles of plastics: tableware and kitchenware: other. The rate of duty will be 3.4% ad valorem.

The applicable subheading for those soda mix syrups containing only synthetic sweeteners will be 2106.90.9971, 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 6.4 percent ad valorem.

The applicable subheading for those soda mix syrups containing high fructose corn syrup and/or sugar will be 2106.90.9972, HTS, which provides for food preparations not elsewhere specified or included...other...other...preparations for the manufacture of beverages...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4% ad valorem.

The applicable subheading for the carbon dioxide will be 2811.21.0000, HTS, which provides for other inorganic acids and other inorganic oxygen compounds of nonmetals: other inorganic oxygen compounds of nonmetals: carbon dioxide. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the aluminum cylinders will be 7613.00.0000, HTS, which provides for aluminum containers for compressed or liquefied gas. The rate of duty will be 5 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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