The tariff classification of Frozen Blackberry Tea with Cardamom from Czech Republic

N235206 November 30, 2012 CLA-2-22:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. James Quillen Jlimex, LLC P. O. Box 10823 Naples, FL 34108 RE: The tariff classification of Frozen Blackberry Tea with Cardamom from Czech Republic Dear Mr. Quillen: In your letter dated November 8, 2012, you requested a tariff classification ruling. You provided a copy of the product label and a breakdown of component materials by weight. The subject product is a non alcoholic beverage made from water, blackberry, sugar, red currants, strawberry, apple and cardamom. Although the product is described as a frozen tea, the importer states that the product will be imported at room temperature and then subsequently frozen. It will be packaged for retail sale in 340 milliliter containers. The applicable subheading for the Frozen Blackberry Tea with Cardamom 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/. The information provided on the product label you included with your ruling submission is written in Czech. Please note that when the item is imported into the United States, the product label and all information delivered on it must be written in the English language according to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) which provides in general that all articles of foreign origin imported into the United States must be legibly, 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 (CFR Part 134). Additionally, please refer to Title 21 CFR, subchapter B for the Food & Drug Administration Food Labeling Guidance & Regulatory Information. 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. 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