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NY 811459

June 29, 1995

CLA-2-22:S:N:N7:232 811459


TARIFF NO.: 2202.90.9090

Mr. Frankie Ho
P C Company Customs Brokers
8621 Bellanca Ave. #104
Los Angeles, CA 90045

RE: The tariff classification of Edible Bird's Nest With Crystal Sugar Drink from China

Dear Mr. Ho:

In your letter dated May 23, 1995, on behalf of Yat Chau USA Ginseng City, Inc. of Marathon, Wisconsin, you requested a tariff classification ruling.

Samples were included with your original request, dated April 28, 1995. The product is stated to contain 90 percent water, 8 percent sugar and 2 percent edible bird's nest. The submitted sample came in a glass jar packed in a cardboard box. The jar had a net weight of 70 grams. The instructions packed with the sample indicate that one may consume one to two bottles a day of the product.

The applicable subheading for Chinese Bird's Nest Drink will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...other...other ...other. The rate of duty will be 0.3 cents per liter.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Guidelines and Regulations Branch
HFF 314, 200 C Street, S.W.
Washington, D.C. 20204

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, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. 2

The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have 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.

Your inquiry does not provide enough information for us to give a classification ruling on the submitted sample glass bottle of "edible bird's nest with coconut juice". Your request for a classification ruling on this item should include: the name and address of the importer of record; the breakdown of contents by weight and percent; the country of origin; and how the items will be packaged and sold.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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