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The tariff classification of drink mixes and a plastic shaker from China
Issued July 30, 2008 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN0 N033957 (July 30, 2008)
Tariff classification
HTS codes: 3924.10.4000, 2106.90.9972
Product description
Ingredients breakdowns and pictorial literature were submitted with your letter. Item no. DM-225454 Mini Martini Shaker Set consists of two 70-ml bottles of colored liquid drink mixes and a plastic shaker in a red colored false-suede box with clear plastic window. The Chocolate Drink Mix and the Pomegranate Drink Mix contain water, sugar, citric acid, natural and artificial flavor, preservatives, and color. A label provides directions and identifies the ingredients the consumer must add to make the finished drinks.
CBP rationale
The applicable subheading for the Chocolate Drink Mix and the Pomegranate Drink Mix 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 applicable subheading for the plastic shaker will be 3924.10.4000, HTSUS, which provides for tableware, kitchenware, other household articles…of plastics…tableware and kitchenware… other.
Full text
N033957 July 30, 2008 CLA-2-21:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9972, 3924.10.4000 Ms. Lucia Wang Shonfeld’s USA, Inc. 2850 Red Hill Ave. Suite 150 Santa Ana, CA 92705 RE: The tariff classification of drink mixes and a plastic shaker from China Dear Ms. Wang: In your letter dated June 26, 2008, you requested a tariff classification ruling. Ingredients breakdowns and pictorial literature were submitted with your letter. Item no. DM-225454 Mini Martini Shaker Set consists of two 70-ml bottles of colored liquid drink mixes and a plastic shaker in a red colored false-suede box with clear plastic window. The Chocolate Drink Mix and the Pomegranate Drink Mix contain water, sugar, citric acid, natural and artificial flavor, preservatives, and color. A label provides directions and identifies the ingredients the consumer must add to make the finished drinks. The applicable subheading for the Chocolate Drink Mix and the Pomegranate Drink Mix 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 plastic shaker will be 3924.10.4000, HTSUS, which provides for tableware, kitchenware, other household articles…of plastics…tableware and kitchenware… 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
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