The tariff classification of gelified products from France

N303928 May 3, 2019 CLA-2-20:OT:RR:NC:N2:228 CATEGORY: Classification TARIFF NO.: 2106.90.9898 Ms. Valerie Roos Cointreau Carrefour Moliere St. Barthelemy D’Anjou 49124 France RE: The tariff classification of gelified products from France Dear Ms. Roos: In your letter dated April 11 2019, you requested a tariff classification ruling. A list of ingredients, a description of the manufacturing process, a manufacturing flow chart, and copies of the labels were provided with your inquiry. The product Gelified Amaretto is said to contain approximately 51 percent purified water, 43 percent ethyl alcohol at 100% volume, 5 percent flavors, and trace amounts of carboxy methyl cellulose (CMC), caramel coloring, and natural flavorings. It is said to have a brown/amber gel consistency, and a typical amaretto odor. The product Gelified Kirsch is said to contain approximately 80 percent kirsch, 19 percent purified water, and a trace amount of CMC. It is said to have a colorless to yellow gel consistency and a typical kirsch odor. The product Gelified Brandy is said to contain approximately 79 percent brandy, 19 percent purified water, and trace amounts of CMC, caramel coloring, and sugar. It is said to have a brown/amber gel consistency and a typical brandy odor. The product Gelified Rum is said to contain approximately 90 percent rum, 19 percent purified water, and a trace amount of CMC. It is said to have a brown/amber gel consistency and a typical rum odor. In your letter you suggested the products be classified in subheading 3302.10.9000, Harmonized Tariff Schedule of the United States (HTSUS), the provision for mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances of a kind used in the food or drink industry containing over 20 percent alcohol by weight. Based on the products’ ingredients, they will be classified elsewhere. The applicable subheading for the four Gelified Products will be 2106.90.9898, HTSUS, which provides for food preparations not elsewhere specified or included . . . other . . . other . . . other . . . other . . . other . . . other. The general rate of duty will be 6.4 percent ad valorem. 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 ww.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 Bruce N. Hadley Jr. at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division