The tariff classification of a “hospitality pack” from Vietnam

N196257 December 23, 2011 CLA-2-17:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1701.99.1025; 1701.99.5025; 2106.90.9975; 2106.90.9998; 3917.32.0050; 4818.30.0000 Mr. Christopher Garcia National Operations Manager Customs Brokerage Division Kuehne + Nagel, Inc. 7297 South Conway Rd. – Suite 100 Orlando, FL 32812 RE: The tariff classification of a “hospitality pack” from Vietnam Dear Mr. Garcia: In your letters dated October 12, 2011 and December 1, 2011, you requested a tariff classification ruling on behalf of Breyting LLC. A sample and product literature accompanied your October letter. Additional information and the second sample of the same product were submitted with your second letter. The samples were examined and disposed of. The product, “hospitality pack”, is an assortment of two packets each of non-dairy creamer, cane sugar and sweetener, two plastic stirrers, and one disposable paper napkin, packed in a clear, sealed plastic bag. The product is said to be used by hotel guests to lighten and sweeten the coffee to their taste when preparing their own coffee. The non-dairy creamer is an off-white colored powder composed of corn syrup solids, partially hydrogenated soybean oil, sodium caseinate, dipotassium phosphate, mono and diglycerides, sodium aluminosilicate, sodium tripolyphosphate, diacetyl tartaric acid esters of mono and diglycerides, artificial flavors, beta carotene, riboflavin and titanium dioxide. The polarity of the cane sugar in the packets is said to be more than 99.9 degrees. The sweetener is a white-colored powder consisting of 96.2 percent dextrose, 3.6 percent calcium saccharin, and less than one percent, each, calcium silicate and cream of tartar. The stirrers are drinking straws made of polypropylene plastic in the form of hollow tubes measuring 4-3/4 inches in length and approximately 0.16 inch in diameter. The applicable subheading for the cane sugar packets will be 1701.99.1025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cane or beet sugar and chemically pure sucrose, in solid form... other...other…sugar not for further processing. The rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.99.5025, HTSUS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.99.5025, HTSUS, will be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTSUS. The applicable subheading for the non-dairy creamer will be 2106.90.9975, HTSUS, which provides for food preparations not elsewhere specified or included…other…other…other…non-diary coffee whiteners. The duty rate will be 6.4 percent ad valorem. The applicable subheading for the sweetener will be 2106.90.9998, HTSUS, which provides for food preparations not elsewhere specified or included…other…other…other…other. The duty rate will be 6.4 percent ad valorem. The applicable subheading for the stirrers will be 3917.32.0050, HTSUS, which provides for tubes, pipes and hoses and fittings therefore (for example, joints, elbows, flanges) of plastics, other, not reinforced or otherwise combined with other materials, without fittings, other. The rate of duty will be 3.1 percent ad valorem. The applicable subheading for the disposable paper napkin will be 4818.30.0000, HTSUS, which provides for handkerchiefs, cleansing tissues, towels, tablecloths, table napkins, diapers, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, or paper pulp, paper, cellulose wadding or webs of cellulose fibers ...tablecloths and table napkins. The duty rate 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 the 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, indelibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry. 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 Bruce N. Hadley, Jr. at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division