The tariff classification of "Fonte Bella Italian Sparkling Water" from Italy

N057063 May 1, 2009 CLA-2-22:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 2202.10.0040 Mr. Moe Elshafi Alba Wheels Up International, Inc. 525 Washington Blvd. Suite 2404 Jersey City, NY 07310 RE: The tariff classification of “Fonte Bella Italian Sparkling Water” from Italy Dear Mr. Elshafi: In your letter dated April 8, 2009, on behalf of your client, La Galvanina S.p.A, you requested a classification ruling. You submitted descriptive literature and samples with your request. The samples were examined and disposed of. The product, “Fonte Bella Italian Sparkling Water” is described as natural Italian sparkling water with natural carbonation and natural lemon flavor. It will be imported in 33.8 fluid ounce (1000ml) plastic bottles with plastic screw-off caps. The applicable subheading for the “Fonte Bella Italian Sparkling Water” will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored: Carbonated soft drinks…other. The rate of duty will be 0.2 cents per liter. 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 Frank Troise at (646) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division