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NY N003560




December 22, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.1000, 1701.91.3000, 2106.90.9972, 2501.00.0000, 6912.00.4810, 7323.99.9060

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

RE: The tariff classification of sugar, drink mixes, salt, a metal holder, and a ceramic rimmer dish from China.

Dear Mr. Gat:

In your letter dated November 9, 2006, you requested a tariff classification ruling.

A sample, pictorial literature, and ingredients breakdowns were submitted with your letter. The sample was examined and disposed of. Item no. DM-222292, Fullmoon Margarita, consists of a metal wire rack holding six 9-1/4 inch tall, 100 ml glass bottles and a ceramic rimmer dish that measures 5-3/4 inches in diameter. Four of the bottles are filled with liquid drink mixes, one bottle is filled with colored salt, and one is filled with colored sugar. The Strawberry Margarita, Classic Margarita, Mango Margarita, and Original Margarita drink mixes consist of water, sugar, citric acid, sodium benzoate, natural and/or artificial flavor, preservatives, and color. Directions on a hangtag instruct the user to add alcohol and ice to make a margarita and to serve in a chilled coated glass. You state that the ceramic rimmer dish is non-porcelain.

The applicable subheading for the 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 (HTSUS), 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, HTSUS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.91.3000, HTSUS, 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 Strawberry Margarita, Classic Margarita, Mango Margarita, and Original Margarita drink mixes will be 2106.90.9972, HTSUS, which provides for food preparations not elsewhere specified or includedother other 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 salt will be 2501.00.0000, HTSUS, 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.

The applicable subheading for the ceramic rimmer dish will be 6912.00.4810, HTSUS, which provides for ceramic tableware, other household articles and toilet articles, other than of porcelain or chinatableware and kitchenwareother other othersuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

The applicable subheading for the metal wire holder will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelotherothernot coated or plated with precious metalotherotherother. 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/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

Ceramic table/kitchenware may be subject to certain requirements under the regulations administered by the Food and Drug Administration (FDA). If you have any questions regarding these requirements, you may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: 1-888-463-6332.

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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