The tariff classification of Certain Non-Aerated Natural Spring Water from Italy

N128509 November 16, 2010 CLA-2-22:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 2201.90.0000 Mr. Jonathan T. Stoel Hogan Lovells US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 RE: The tariff classification of Certain Non-Aerated Natural Spring Water from Italy Dear Mr. Stoel: In your letter dated October 18, 2010, on behalf of Nestlé Waters North America Inc., you requested a tariff classification ruling. The subject product, natural spring water, is sourced from natural spring reserves in Italy. According to your letter, the natural spring water is non-aerated and contains a mineral content of 140 parts per million of total dissolved solids. It is transported by stainless steel pipelines directly to the bottling plant and is also tested as it enters the bottling plant. It is ultimately sold at retail outlets and packaged in 250 ml, 500 ml, 750 ml or 1 liter glass or plastic bottles. The applicable subheading for the Certain Non-Aerated Natural Spring Water with a low mineral content will be 2201.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavored; ice and snow: Other.” The rate of duty will be free.  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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division