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NY N003035




November 30, 2006

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

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 mixes and plastic popsicle molds from China.

Dear Mr. Gat:

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

Samples, pictorial literature, and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Each unit in the Frozen Mini Drinks PDQ, item no. DM-221001, is comprised of two plastic tubes filled with brightly colored liquid and a plastic mold to make four “Drinksicles”. The Cosmo Mix, Original Margarita Mix, and the Strawberry Margarita Mix each contain water, sugar, citric acid, flavor, and color. They may also contain, depending upon flavor, dipotassium phosphate, potassiuim sorbate, sodium benzoate, and sucrose acetate iso-butyrate. Instructions direct the consumer to fill the plastic mold to the first line with alcohol, to the second line with the flavored mix, and to the top with water. The plastic handle/cap is inserted and the mold is placed into the freezer for six hours to make the frozen pops. The item is package for retail sale with six units, two of each flavor, on a cardboard tray measuring 21 inches long and 6-1/2 inches wide.

The applicable subheading for the Cosmo Mix, Original Margarita Mix, and the Strawberry Margarita Mix will be 2106.90.9972, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for food preparations not elsewhere specified or includedotherother preparations 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 popsicle molds 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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