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NY L86506

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August 11, 2005

CLA-2-17:RR:NC:2:228 L86506

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.1000, 1701.91.3000, 2106.90.9972, 2501.00.0000

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-214784 Trapezoid Drink Sets are comprised of one bottle of drink mix and two plastic tube-shaped jars of either sugar or salt. Item no. DM-214784A contains one bottle of Appletini Dreamy drink mix and two tubes filled with colored sugar. Item no. DM-214784B contains one bottle of Modern Cosmopolitan drink mix and two tubes filled with sugar. Item no. DM-214784C contains one bottle of Original Margarita drink mix and two tubes filled with salt. The Appletini Dreamy mix consists of water, sugar, malic acid, natural flavor, sodium benzoate, potassium sorbate, and color. The Modern Cosmopolitan Mix contains water, sugar, citric acid, potassium dihydrogen phosphate, sodium benzoate, color, and natural flavor. The Original Margarita mix contains water, sugar, natural flavor, sucrose acetate iso-butyrate, and color. The drink mix bottles measure 12 inches tall, 2 inches by 2-1/2 inches at the base, and contain 500 milliliters. The plastic tubes measure7 inches tall, ¾ inch in diameter, and contain 30 grams of sugar or 50 grams of salt. Directions on the label instruct the consumer to add vodka and vermouth to the mix to make an appletini, vodka or gin and lime juice to make a cosmopolitan, and tequila to make a margarita.

The applicable subheading for the colored sugar in item nos. DM-214784A and DM-214784B, 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 Dreamy Mix, Modern Cosmopolitan Mix, and Original Margarita 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 salt contained in item no. DM-214784C will be 2501.00.0000, HTS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents. The rate of duty will be free.

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.: 2501.00.00 - Salt & pure sodium chloride, whether or not in aqueous solution or cont. added anticaking or free-flowing agents; sea water
• 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