K83808 K8 Ruling Active

The tariff classification of Wine from Austria

Issued March 16, 2004 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 2204.21.5030

Headings: 2204

Product description

You submitted descriptive literature and product photographs with your request. The subject merchandise is “Top Gun” red wine that will be imported in novelty bottles shaped to resemble bullets and holding 750 ml. The wine is said to have an alcohol content of 12.9 percent by volume and will cost approximately $15 per bottle.

CBP rationale

750 ml. The wine is said to have an alcohol content of 12.9 percent by volume and will cost approximately $15 per bottle. The applicable subheading for the “Top Gun” wine will be 2204.21.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for Wine of fresh grapes, including fortified wines: Other wine: In containers holding 2 liters or less: Other: Of an alcoholic strength by volume not over 14 percent vol.: Other…Valued over $1.05/liter: Red. The rate of duty will be 6.3 cents per liter. In addition, imports under this subheading are subject to a Federal Excise Tax of $1.07 per wine gallon and a proportionate tax at the like rate on all fractional parts of a wine gallon.

Full text

NY K83808 March 16, 2004 CLA-2-22:RR:NC:SP:232 K83808 CATEGORY: Classification TARIFF NO.: 2204.21.5030 Mr. Thomas Berbas Excite! Beverage Company Ltd. 211 East Ontario Street, Suite 1800 Chicago, IL 60611 RE: The tariff classification of Wine from Austria Dear Mr. Berbas: In your letter dated March 4, 2004, you requested a tariff classification ruling. You submitted descriptive literature and product photographs with your request. The subject merchandise is “Top Gun” red wine that will be imported in novelty bottles shaped to resemble bullets and holding 750 ml. The wine is said to have an alcohol content of 12.9 percent by volume and will cost approximately $15 per bottle. The applicable subheading for the “Top Gun” wine will be 2204.21.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for Wine of fresh grapes, including fortified wines: Other wine: In containers holding 2 liters or less: Other: Of an alcoholic strength by volume not over 14 percent vol.: Other…Valued over $1.05/liter: Red. The rate of duty will be 6.3 cents per liter. In addition, imports under this subheading are subject to a Federal Excise Tax of $1.07 per wine gallon and a proportionate tax at the like rate on all fractional parts of a wine gallon. 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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