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NY K87850




July 28, 2004
CLA-2-22:RR:NC:SP:232 K87850

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Mr. Richard Wadiri
Naito Design
900 Livingston Avenue
North Brunswick, NJ 08902

RE: The tariff classification of Go Drink Tubes from Austria

Dear Mr. Wadiri:

In your letter received July 12, 2004, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. The samples are being returned to you after examination as per your request. The subject merchandise is called a “Go Drink Tube”. This is being marketed as a trendy way to present a carbonated drink. You state that tubes of two sizes, 200 ml and 50 ml, containing one of four formulations of drink, will be imported for retail sale. However the larger of the two samples that you sent was of 190 ml. The basic formulation (Drink A) is that of an energy drink, and is said to consist of carbonated water, glucose, citric acid, taurine, glucuronolactone, caffeine, inositol, and a variety of vitamins, colors, and flavors. The next three varieties start with the same formulation and add alcohol. Drink B is said to have one percent alcohol, Drink C is stated as five percent alcohol, and Drink D reportedly has 20 percent alcohol.

The applicable subheading for the “Drink A” beverage 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.

Section 304 of the Tariff Act of 1930, as amended (19 USC 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 USC 1304 are set forth in Part 134, Customs Regulations (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.

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

Your inquiry does not provide enough information for us to give a classification ruling on Drinks B, C, and D. Your request for a classification ruling should include information detailing the nature of the alcohol that is added to the drinks. Is it vodka? Is it rum? Is it simply ethyl alcohol? There is also some confusion as to the alcohol content of your proposed items. You listed possible alcoholic contents of 1, 5, or 20 percent, but the sample shows an alcohol content of 15 percent. What is the true intended alcoholic content? The small (50 ml) sample looks to be strawberry flavored. Please explain if all the alcoholic tubes will have this flavor, or if differing alcohol levels have different flavors. List all the items you plan to import. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you, plus a sample of each variety of drink tube that you wish to import.

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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