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NY A84727



July 11, 1996

CLA-2-21:RR:NC:FC:228 A84727

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9997

Mr. C.R. LeConte
A.N. Deringer, Inc.
15 River Street
Calais, ME 04619-1894

RE: The tariff classification of Jumbo Mini Sips from Canada.

Dear Mr. LeConte:

In your letter dated June 10, 1996, you requested a tariff classification ruling.

Samples and ingredients breakdowns were submitted with your letter. Jumbo Mini Sips consist of between 86.51 and 88.08 percent water, 10.98-12.8 percent sugar, 0.5 percent potassium sorbate, 0.33-0.93 percent "concentrate", the composition of which is not stated. The Jumbo Mini Sips are put up in pouches made from a flimsy, transparent plastic film containing 200 ml each. Ten such pouches, and ten individually wrapped straws, are packed together in a larger plastic bag.

The applicable subheading for the Jumbo Mini Sips will be 2106.90.9997, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or included...other... other...containing sugar derived from sugar cane and/or sugar beets. The rate of duty will be 8.8 percent ad valorem.

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

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 Stanley Hopard at 212-466-5760.

Sincerely,

Roger J. Silvestri
Director

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