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

N033805 July 28, 2008 CLA-2-21:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9972, 7013.37.1000, 7323.99.9060 Ms. Lucia Wang Shonfeld’s USA, Inc. 2850 Red Hill Avenue Suite 150 Santa Ana, CA 92704 RE: The tariff classification of drink mixes, drinking glasses, and a metal rack from China. Dear Ms. Wang: In your letter dated June 26, 2008, 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-225581 Tube Shots consists of six plastic test tubes filled with colored liquid drink mixes and six drinking glasses, in a steel wire rack. The Blueberry Drink Mix, Pomegranate Drink Mix, Mango Drink Mix, Strawberry Drink Mix, Raspberry Drink Mix, and Classic Margarita Drink Mix, each contain water, sugar, natural and artificial flavor, citric acid, color, and preservatives. The six drinking glasses measure 4 inches tall, 1-1/2 inches in diameter, and cost 16 cents each. The applicable subheading for the Blueberry, Pomegranate, Mango, Classic Margarita, Raspberry, and Strawberry drink 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/. 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