The tariff classification of Belly Washers Fruit Punch

N198996 February 3, 2012 CLA-2-22:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Diego Marquez Alston & Bird, LLP The Atlantic Building 950 F Street, NW Washington, DC 20004 RE: The tariff classification of Belly Washers Fruit Punch Dear Mr. Marquez: In your letter dated December 28, 2011, on behalf of your client, In Zone Products, you requested a tariff classification ruling. You provided descriptive literature and a sample for our consideration. The sample was examined and disposed of. The subject product, Belly Washers Fruit Punch is said to contain: apple, pear and red grape juice concentrates, citric acid, vitamin c, natural flavoring and water. The Brix value indicated in your letter is not within the range normally found for the natural juice ingredients in the product. Upon physical examination of the sample supplied we find it to have the consistency of water. No pulp, solid material or residue was noticeable in the product. The item is packaged for retail sale in 240ml (8 fl oz) ready-to-use containers with collectible characters on top through which the drink is sipped. The applicable subheading for the Belly Washers Fruit Punch will be 2202.90.9090, 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: Other: Other: 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Please be advised that the collectible characters affixed on top of the bottles may be subject to trade mark restrictions, we suggest that you contact the appropriate trade mark holder prior to importation. 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, Thomas J. Russo Director National Commodity Specialist Division