The tariff classification of a drink mix and sugar from China.

N008603 April 18, 2007 CLA-2-21:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1701.91.1000, 1701.91.3000, 2106.90.9972 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan Street Santa Ana, CA 92704 RE: The tariff classification of a drink mix and sugar from China. Dear Mr. Gat: In your letter dated February 23, 2007, you requested a tariff classification ruling. Ingredients breakdowns and a sample were submitted with your request. The sample was examined and disposed of. Item No. DM-223069 Green Apple Ooze Martini Elixir consists of a long-necked 500-ml bottle, measuring approximately 10.6 inches tall and 4 inches in diameter, filled with a green-colored drink mix. The drink mix contains 78.53 percent water, 20 percent sugar, and less than one percent, each, of natural flavor, malic acid, sodium benzoate, potassium sorbate, and color. Affixed to the neck of the bottle with rawhide is a package measuring approximately 3-1/2 inches long and 5/8 inch wide containing sugar. The sugar consists of 99.83 percent white granulated sugar and 0.17 percent color. Instructions on a hangtag direct the consumer to add 1-1/2 ounces of vodka to 3 ounces of martini mix to make a flavored martini, and to add the sugar to the rim of the glass. The applicable subheading for the sugar contained in item no. DM-223069, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.91.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cane or beet sugar and chemically pure sucrose in solid form…other… containing added coloring but not containing added flavoring matter. The rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.91.3000, HTSUS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.91.3000, HTSUS, may be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTSUS. The applicable subheading for the drink mix contained in item no. DM-223069 will be 2106.90.9972, HTSUS, which provides for food preparations not elsewhere specified or included…other…other… 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. 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 sample you submitted does 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. 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, National Commodity Specialist Division