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NY J87764




August 28, 2003

CLA-2-21:RR:NC:2:228 J87764

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9972, 7323.99.9060

Mr. Shachar Gat
Shonfeld’s
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of drink mixes in a metal rack from China.

Dear Mr. Gat:

In your letters dated July 15, 2003, and July 30, 2003, you requested a tariff classification ruling.

A sample was submitted with your first letter and a complete ingredients breakdown was submitted with your second letter. The sample was examined and disposed of. Item no. DM-204161 Nouveau Bar Set is comprised of three bottles of brightly colored, liquid drink mixes, in a steel wire rack. Strawberry Mixer, Peach Mixer, and Lime Mixer, each contain 55 percent sugar, 44.87-44.90 percent glucose syrup, and less than 1 percent of sodium benzoate, flavor, and color. The Strawberry Mixer and Lime Mixer also contain citric acid.

The applicable subheading for the Strawberry Mixer, Peach Mixer, and Lime Mixer, will be 2106.90.9972, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedother otherpreparations for the manufacture of beveragescontaining sugar derived from sugar cane and/or sugar beets. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the steel wire rack will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelotherothernot coated or plated with precious metalotherother other. The rate of duty will be 3.4 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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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