The tariff classification of drink mixes, drinking glasses, and a metal rack from China.

N013505 July 5, 2007 CLA-2-21:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9972, 7013.37.1000, 7323.99.9060 Mr. Shachar Gat Shonfeld’s USA, Inc. 3100 S. Susan Street Santa Ana, CA 92704 RE: The tariff classification of drink mixes, drinking glasses, and a metal rack from China. Dear Mr. Gat: In your letters dated June 14, 2007 you requested a tariff classification ruling. A sample, ingredients breakdowns, and pictorial literature were submitted with your letter. The sample was examined and disposed of. Item no. DM-223108 Frosted Tube Shots consists of six plastic test tubes filled with colored liquid drink mixes and six drinking glasses, in a steel wire rack. The Blue Hawaiian Shooter Mix, Pomegranate Shooter Mix, Mango Shooter Mix, Strawberry Shooter Mix, Lemon Shooter Mix, and Lime Shooter Mix, each contain sugar, and are combined with alcohol and other ingredients to make a drink. The six drinking glasses are frosted, measure 4 inches tall, 1-1/2 inches in diameter, and cost 29 cents each. The applicable subheading for the Blue Hawaiian, Pomegranate, Mango, Strawberry, Lemon, and Lime Shooter mixes, will be 2106.90.9972, Harmonized Tariff Schedule of the United States (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 duty rate will be 6.4 percent ad valorem. The applicable subheading for the glasses will be 7013.37.1000, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes…other drinking glasses…other…other…valued not over thirty cents each. The rate of duty will be 28.5 percent ad valorem. The applicable subheading for the steel wire rack will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steel…other…other…not coated or plated with precious metal…other…other… other. The rate of duty will be 3.4 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 have 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