The tariff classification of drink mixes, a plastic shaker, and a metal rack from China.

N033961 July 30, 2008 CLA-2-21:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9972, 3924.10.4000, 7323.99.9060 Ms. Lucia Wang Shonfeld’s USA, Inc. 2850 Red Hill Ave. Suite 150 Santa Ana, CA 92705 RE: The tariff classification of drink mixes, a plastic shaker, 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-223116 Ultimate Bartender Rack consists of six 100-ml bottles of colored liquid drink mixes and a plastic shaker with a jigger cap, in a steel wire rack. The Chocolate Drink Mix, Raspberry Drink Mix, Pomegranate Drink Mix, Peppermint Drink Mix, Blueberry Drink Mix, and Green Apple Drink Mix each contain water, sugar, citric acid and/or malic acid, natural or artificial flavor, preservatives, and color. Directions on the shaker identify the ingredients the consumer must add to make the finished drinks. The applicable subheading for the Chocolatini Mix, Raspberry Cosmo Mix, Pomegranatini Mix, Peppermint Drink Mix, Blueberry Drink Mix, and Green Apple 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 with jigger cap 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. 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