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NY J89174




October 7, 2003

CLA-2-22:RR:NC:SP:232 J89174

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Mr. Thomas Berbas
Excite! Beverage Company Ltd.
211 E. Ontario Street - Suite 1800
Chicago, IL 60611

RE: The tariff classification of “Bomba Energy Drinks” from Austria

Dear Mr. Berbas:

In your letter dated September 15, 2003, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. You sent more information in a fax on September 22, 2003. The subject merchandise is “Bomba Energy Drinks”, carbonated beverages that will be imported in 250-ml glass bottles or 330-ml PET bottles for retail sale. The samples in glass bottles were shaped to resemble hand grenades, with a metal pull tab top to complete the verisimilitude. The PET bottle was scored to also look like a grenade, but had a plastic twist top. This product is available in four flavors, and is said to consist of water, sugar, carbon dioxide, citric acid, taurine, caffeine, and a small variety of vitamins, colors, and flavors.

The applicable subheading for the “Bomba Energy Drinks” will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredCarbonated soft drinks: Other. The rate of duty will be 0.2 cents per liter.

Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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