The tariff classification of "powder soft drink mix" from Peru

N073508 September 29, 2009 CLA-2-17:OT:RR:E:NC:232 CATEGORY: Classification TARIFF NO.: 1701.91.5400; 1701.91.5800 Mr. Patricio Milet Todinno SAC Av. Avenida Circunvalacion #850 Urb. La Capitana Huachipa, Lima 33 Peru RE: The tariff classification of “powder soft drink mix” from Peru Dear Mr. Milet: In your letter dated August 24, 2009, you requested a classification ruling. The subject merchandise is described as a powder soft drink mix. The powder drink mix is said to contain 95.43 percent sugar, 0.18 percent Aspartame, 0.59 percent sodium citrate, 0.35 percent clouding ingredient, 0.09 percent xanthan gum, 1.11 percent artificial flavors, 0.05 percent yellow 6, 0.48 percent tricalcium phosphate, 1.42 percent fumaric acid, 0.41 percent citric acid and 0.28 percent ascorbic acid. The product is packaged for retail sale and will be used as a beverage by dissolving in water. The applicable subheading for the “powder drink mix” if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1701.91.5400 Harmonized Tariff Schedules of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose in solid form: other...containing added flavoring matter whether or not containing added coloring...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 6 percent ad valorem. If the quantitative limits of additional US note 8 to chapter 17 have been reached, the product will be classified in subheading 1701.91.5800, HTS, and dutiable at the rate of 33.9 cents per kilogram plus 5.1 percent ad valorem. In addition, products classified in subheading 1701.91.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.65, HTS.      Articles classifiable under subheading 1701.91.5400, HTS, which are products of Peru, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP". 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