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NY L86505

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August 8, 2005

CLA-2-17:RR:NC:2:228 L86505

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.1000, 1701.91.3000, 2106.90.9972, 3924.10.4000, 7323.99.9060

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

RE: The tariff classification of drink mix set from China.

Dear Mr. Gat:

In your letter dated July 11, 2005, you requested a tariff classification ruling.

Samples and pictorial literature were submitted with your letter. The samples were examined and disposed of. Item no. DM-214706 Bartender’s Set is comprised of one bottle each of Appletini Mix, Passiontini Mix, Cranberry Cosmopolitan Mix, two bottles of colored sugar, and a plastic shaker and shot glass, in a metal rack. The Appletini Mix consists of water, sugar, malic acid, natural flavor, sodium benzoate, potassium sorbate, and color. The Passiontini Mix contains water, sugar, natural flavor, citric acid, sodium benzoate, potassium sorbate, and color. The Cranberry Cosmopolitan Mix contains water, sugar, citric acid, potassium dihydrogen phosphate, sodium benzoate, color, and natural flavor. Directions on the label instruct the consumer to add vodka, and either vermouth, triple sec and cranberry juice, or cognac to the drink mix, stir with ice cubes, and strain into a chilled martini glass. The drink mix bottles measure 8-1/2 inches tall and contain 100 milliliters. The bottles containing colored sugar also measure 8-1/2 inches tall and contain 90 grams, net weight.

The applicable subheading for the colored sugar, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.91.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose in solid formother containing added coloring but not containing added flavoring matter. The rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.91.3000, HTS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.91.3000, HTS, may be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

The applicable subheading for the Appletini Mix, Passiontini Mix, and Cranberry Cosmopolitan Mix will be 2106.90.9972, HTS, which provides for food preparations not elsewhere specified or includedother otherpreparations 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 shaker bottle and plastic shot glass 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.

The applicable subheading for the metal rack will be 7323.99.9060, HTS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelother otherotherother. The rate of duty will be 3.4 percent ad valorem.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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See also:

• Tariff No.: 1701.91.10 - Cane/beet sugar & pure sucrose, refined, solid, w/added coloring but not flav., subject to add. US 5 to Ch.17
• Tariff No.: 1701.91.30 - Cane/beet sugar & pure sucrose, refined, solid, w/added coloring but not flav., not subject to gen. note 15 or add. US 5 to Ch.17
• Tariff No.: 2106.90.99 - Food preparations not elsewhere specified or included, not canned or frozen
• Tariff No.: 3924.10.40 - Tableware and kitchenware articles, nesoi, of plastics
• Tariff No.: 7323.99.90 - Iron (o/th cast)/steel (o/th tinplate or stainless), table, kitchen (o/th cooking.) or o/household arts & part, n/coated/plated w/prec.metal
• Tariff No.: 9904.17.08 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, etc, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.15 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, etc, entered in value safeguard period, $0.35/kg or more