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NY N003033




November 30, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9972

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

RE: The tariff classification of a drink mix 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. Freeze Squeeze, item no. DM-221038, is a collection of plastic tubes filled with brightly colored drink mixes. The Pomegranatini Margarita Mix, Strawberry Daiquiri Mix, Raspberry Cosmo Mix, Mango Margarita Mix, Lemontini Mix, Classic Margarita Mix, Appletini Mix, and Passiontini Mix each contain water, sugar, citric acid, preservatives, flavor, and color. The tubes are put up in a cardboard holder with a flimsy plastic handle. Directions on the side of the package instruct the user to add water to the lower line on the tubes, alcohol to the next line, return the tubes to the cardboard holder, and place in the freezer. After a minimum of four hours the consumer will be able to enjoy the frozen product.

The applicable subheading for the Pomegranatini Margarita Mix, Strawberry Daiquiri Mix, Raspberry Cosmo Mix, Mango Margarita Mix, Lemontini Mix, Classic Margarita Mix, Appletini Mix, and Passiontini Mix will be 2106.90.9972, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for food preparations not elsewhere specified or included other 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.

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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