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NY N025085




April 7, 2008

CLA-2-21:OT:RR:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.12.9000

Mr. Scott C. Dustin
OnTech Operations, Inc.
15910 Bernardo Center Dr.
San Diego, CA 92127

RE: The tariff classification of coffee lattes in self-heating containers

Dear Mr. Dustin :

In your letter dated March 12, 2008, you requested a tariff classification ruling.

Product specification sheets, ingredients breakdowns, technical drawings, samples, and images of the products, labels, and store displays were submitted with your letter. The samples were examined and disposed of. The products are coffee lattes in retail-sized self-heating containers holding 9.5 fluid ounces. Hillside brand Hazelnut Latte is said to contain coffee extract, whole milk, sugar, pectin, sodium phosphate, salt, mono- and diglycerides and natural artificial hazelnut flavor. Mocha Latte is said to contain coffee extract, whole milk, sugar, chocolate syrup (high fructose corn syrup, corn syrup, water, cocoa, salt, carrageenan, potassium sorbate and potassium benzoate, citric acid, lecithin and artificial flavor), pectin, cocoa powder, sodium phosphate, salt and mono- and diglycerides. Double Shot Latte is said to contain coffee extract, whole milk, sugar, pectin, sodium phosphate, salt and mono- and diglycerides. French Vanilla Latte is said to contain coffee extract, whole milk, sugar, pectin, natural and artificial vanilla flavor, sodium phosphate, salt and mono- and diglycerides. Heating is caused by a chemical reaction between calcium oxide and water occurring within the container walls. The reaction is triggered by the consumer depressing a button on the container and shaking the product.

The applicable subheading for all of the coffee lattes will be 2101.12.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Extracts, essences and concentrates of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or mate; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: Preparations with a basis of extracts, essences or concentrates or with a basis of coffee: Other: Other.

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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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