The tariff classification of vitamin waters

N197335 December 30, 2011 CLA-2-22:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 2202.10.0060 Ms. Pamela Cridlebaugh Niagara Bottling, LLC 2560 E. Philadelphia Street Ontario, CA 91761 RE: The tariff classification of vitamin waters Dear Ms. Cridlebaugh: In your letter dated December 15, 2011, you requested a tariff classification ruling. Your ruling letter indicates that the request is for classification of a prospective importation of vitamin enhanced flavored water beverages. Documentation provided describes four separate products. They are as follows: Vita Rain – Raspberry Green Tea flavored water. This product is indicated on labels you supplied to be a vitamin enhanced water containing: water, natural flavors, citric acid, ascorbic acid, tea powder, magnesium lactate, vegetable juice (coloring) Sucralose, and various vitamins and emulsifiers. Vita Rain – Tropical Mango flavored water. This product is indicated on labels you supplied to be a vitamin enhanced water containing: water, natural flavors, citric acid, ascorbic acid, grape juice concentrate, gum arabic, Sucralose, Panax Ginseng, Ester Gum, natural caffeine, acesulfame potassium, beta carotene (color), and various vitamins and electrolytes. Vita Rain – Dragon Fruit flavored water. This product is indicated on labels you supplied to be a vitamin enhanced water containing: water, natural flavors, citric acid, Dragon Fruit extract, vegetable juice concentrate (color), ascorbic acid, Sucralose, Panax Ginseng, and various vitamins and electrolytes. Vita Rain – Kiwi Strawberry flavored water. This product is indicated on labels you supplied to be a vitamin enhanced water containing: water, natural flavors, citric acid, vegetable juice concentrate (color), ascorbic acid, Sucralose, Ginkgo Biloba, Gotu Kola, and various vitamins and emulsifiers. The applicable subheading for all four Vita Rain flavored waters described above will be 2202.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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…Other. The general rate of duty will be 0.2 cents per liter. 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. Please be advised that classification rulings issued by this office are applicable to the product in question when imported into the United States. Since you indicate that you may be planning to export these goods, it is recommended that you seek a ruling from the designated customs service of that country prior to export. 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 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