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NY K88655




September 10, 2004

CLA-2-21:RR:NC:2:228 K88655

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9972, 3924.10.4000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

RE: The tariff classification of drink mix and a popsicle mold from China.

Dear Mr. Gat:

In your letters dated August 3, 2004 you requested a tariff classification ruling.

The samples submitted with your letter were examined and disposed of. Item no. DM-206234 Drinksicle is comprised of one 100-ml bottle of margarita flavored drink mix and a plastic “Drinksicle” mold. The Margarita mix consists of water, sugar, citric acid, natural and artificial flavor, and sodium benzoate. Instructions direct the consumer to combine .75 ounces of the consumers “favorite booze”, 3 ounces of drink mix, and 1 ounce of water in the mold and freeze for six hours before serving. The mold makes four drinksicles.

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

The applicable subheading for the plastic “Drinksicle” mold will be 3924.10.4000, HTS, which provides for tableware, kitchenware, other household articles and toilet articles, of plasticstableware and kitchenwareother. 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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