The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of various vodkas from Australia.

N003426 December 4, 2006 CLA-2-22:RR:E:NC:SP:232 CATEGORY: Classification TARIFF NO.: 2208.60.2000 Mr. David Aitken Intaloc, Inc. 911 Lincoln Blvd. #6 Santa Monica, CA 90403 RE: The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of various vodkas from Australia. Dear Mr. Aitken: In your letter dated November 15, 2006 you requested a ruling on the status of various vodkas from Australia under the UAFTA. Your request also asks for the country of origin marking requirements of the products Information was submitted with your initial request dated October 9, 2006. The subject merchandise is described as vodka, which will be imported in four flavors: Neutral, Eucalyptus, Peppermint and Lemon Myrtle. You indicate that the items are produced in Australia, and contain ingredients, which are from Australia. The products will be sold under the brand name “2 Rooz Vodka.” The merchandise will contain 45 percent alcohol by volume, and will be valued over $2.05 per liter. It will be packaged in 750 milliliter bottles. Letters were submitted from the Advertising, Labeling and Formulation Division of the Alcohol and Tobacco Tax and Trade Bureau (TTB) indicating that the Neutral, Eucalyptus, Peppermint and Lemon Myrtle products are vodkas. The applicable subheading for the Neutral, Eucalyptus, Peppermint and Lemon Myrtle Vodkas will be 2208.60.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Vodka…in containers each holding not over 4 liters; valued over $2.05 per liter. The rate of duty will be free. In addition, the products are subject to a Federal Excise Tax of $13.50 per proof gallon and a proportionate tax rate at the like rate on all fractional parts of a proof gallon. 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/. There is no preferential duty rate under the United States-Australia Free Trade Agreement (UAFTA) in the Harmonized Tariff Schedules of the United States for products classified under subheading 2208.60.2000, HTSUS, since this subheading has a free rate of duty under the General Rate of Duty Column. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. The vodka products must be conspicuously, legibly and permanently marked “Product of Australia” or “Made in Australia” in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 John Maria at 646-733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division