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H88511 H8 Ruling Active

The tariff classification of “Clubber Energy” Beverage from Belgium

Issued February 28, 2002 by U.S. Customs and Border Protection.

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H8 H88511 (February 28, 2002)

Tariff classification

HTS codes: 2202.10.0040

Headings: 2202

Product description

You submitted descriptive literature with your request. The subject merchandise is stated to be a non-alcoholic energy beverage that will be imported for retail sale. The product is described as carbonated and is said to consist of sparkling water, sucrose, glucose, citric acid, taurine, glucoronolactone, caffeine, inositol, and a small quantity of various vitamins, artificial flavors, and colors.

CBP rationale

The applicable subheading for the “Clubber Energy” beverage will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored…Carbonated soft drinks: Other.

Full text

NY H88511 February 28, 2002 CLA-2-22:RR:NC:SP:232 H88511 CATEGORY: Classification TARIFF NO.: 2202.10.0040 Mr. Mohammed Boutara Boutara Holdings Corporation 1101 South Alton Street, Suite A Denver, CO 80231 RE: The tariff classification of “Clubber Energy” Beverage from Belgium Dear Mr. Boutara: In your letter dated February 5, 2002, you requested a tariff classification ruling. You submitted descriptive literature with your request. The subject merchandise is stated to be a non-alcoholic energy beverage that will be imported for retail sale. The product is described as carbonated and is said to consist of sparkling water, sucrose, glucose, citric acid, taurine, glucoronolactone, caffeine, inositol, and a small quantity of various vitamins, artificial flavors, and colors. The applicable subheading for the “Clubber Energy” beverage will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored…Carbonated soft drinks: Other. The rate of duty will be 0.2 cents per liter. The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at: Food and Drug Administration Division of Import Operations and Policy 5600 Fishers Lane Rockville, Maryland 20857 Telephone: (301) 443-6553 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 John Maria at (646) 733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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