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NY J89177




October 7, 2003

CLA-2-22:RR:NC:SP:232 J89177

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040; 2202.90.9090

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

RE: The tariff classification of Beverages from Austria and/or the Netherlands

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 two varieties of beverages that will be imported for retail sale. The first item is “4Kick Energy Drink”, a carbonated beverage that will be imported in slim 250-ml pop-top cans. It is said to contain water, sugar, carbon dioxide, citric acid, taurine, caffeine, glucuronolactone, and a small variety of vitamins, preservatives, colors, and flavors. The second product is “Aqua Kick Energy Drink.” This is a lightly carbonated drink that is packaged in clear plastic bottles holding 500-ml or 330-ml and featuring sports cap tops for drinking ease. This product is said to consist of (as per the sample label) mineral water, carbonic acid, citric acid, taurine and caffeine.

The applicable subheading for the “4Kick Energy Drink” 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.

The applicable subheading for the “Aqua Kick Energy Drink ” will be 2202.90.9090 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: Other: OtherOther. The rate of duty will be 0.2 cents per liter.

The Food and Drug Administration may impose additional requirements on these products. 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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