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NY K83888




March 30, 2004

CLA-2-22:RR:NC:SP:232 K83888

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0020; 2202.10.0040

Mr. Christopher P. Garcia
Kuehne & Nagel, Inc.
8200 Boggy Creek Road, Suite 600
Orlando, FL 32824

RE: The tariff classification of Red Bull Drinks from Austria

Dear Mr. Garcia:

In your letter received March 5, 2004, on behalf of Red Bull North America, Inc., of Santa Monica California, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is “Red Bull” beverage, which is described as a carbonated energy soft drink. It will be imported in 250-ml aluminum cans for retail sale. Item RB1718 is packed as single cans of the regular drink, while item RB2861 is the same formula drink, but packaged in 4-packs. This product is said to be composed of carbonated water, sucrose, glucose, taurine, glucoronolactone, caffeine, inositol, pantothenic acid, citric acid, and a small variety of vitamins and flavors

ITEMS RB2746 is the sugar-free variety in single cans, and RB2860 is the sugar-free drink in 4-packs. This product is said to consist of carbonated water, taurine, glucoronolactone, caffeine, inositol, aspartame, acesulfame K, nicotinamide, pantothenic acid, and a small variety of vitamins, colors, and flavors

The applicable subheading for Items RB2746 and RB2860 will be 2202.10.0020 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: Containing high-intensity sweeteners (e.g. aspartame and/or saccharin). The duty rate will be 0.2 cents per liter.

The applicable subheading for items RB 1718 and RB 2861 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 duty rate will be 0.2 cents per liter.

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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