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NY N013507




July 27, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9972, 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 drink mixes and plastic shakers with jigger caps from China.

Dear Mr. Gat:

In your letter dated June 14, 2007, you requested a tariff classification ruling.

Samples, pictorial literature, and ingredients breakdowns were submitted with your letter. The samples were examined and disposed of. Item nos. DM-223111A, DM-223111B, and DM-223111C are described as Shaker Sets. Each is comprised of a 225 ml bottle of colored drink mix, and a packet of either sugar or salt placed inside a plastic shaker with a jigger cap, and secured on top of a ceramic rimmer dish. The drink mixes contain water, citric acid, natural and/or artificial flavors, preservatives and color. The Appletini drink mix contains high fructose corn syrup. The Cosmopolitan and Classic Margarita drink mixes contain sugar. Directions on the plastic shakers instruct the user to add alcohol and other ingredients to make a variety of drinks.

The applicable subheading for the Cosmopolitan Mix and the Classic Margarita Mix in item nos. DM-223111A, DM-223111B, 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 beverages containing 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 Appletini Mix in item no. DM-223111C will be 2106.90.9973, 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 shaker with jigger cap 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/.

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 samples you have submitted do 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.

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.

Your inquiry does not provide enough information for us to issue a classification ruling on the sugar, salt, or ceramic rimmer dishes. Your request for a classification ruling should include the additional information indicated below:

Complete ingredients breakdowns, by weight, for the salt and the sugar. The composition of the ceramic rimmer dishes. Are they porcelain or non-porcelain? A statement as to whether these articles will be marketed and sold to individual consumers at the retail level, or if they will be sold for institutional use.

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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