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NY N002991




November 29, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9973, 3924.10.4000

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

RE: The tariff classification of a drink mix and plastic jigger from China.

Dear Mr. Gat:

In your letter dated October 26 2006, you requested a tariff classification ruling.

Samples, pictorial literature, sample labels, and ingredients breakdowns were submitted with your letter. The sample was examined and disposed of. Green Apple Appletini Mix, item no. JBDM-221067, is a 750 ml glass bottle filled with a colored liquid drink mix composed of high fructose corn syrup, water, citric acid, sodium benzoate, natural and artificial flavor, and color. A plastic jigger is tied to the neck of the bottle. Directions on the label instruct the user to add alcohol to make an appletini, or club soda to make a spritzer.

The applicable subheading for the Green Apple Appletini Mix will be 2106.90.9973, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for food preparations not elsewhere specified or includedotherother preparations for the manufacture of beveragesother. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the plastic jigger will be 3924.10.4000, HTSUS, 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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