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NY B84010

April 21, 1997

CLA-2-22:RR:NC:SP:232 B84010


TARIFF NO.: 2201.10.0000

Mr. Petr Chylik
3870 W. Calle Cinco
Green Valley, AZ 85614

RE: The tariff classification of Mineral Water from the Czech Republic.

Dear Mr. Chylik:

In your letter dated March 31, 1997, you requested a tariff classification ruling.

You submitted descriptive literature and label samples with your request. The merchandise in question is mineral water in three varieties. The first is Mattoni naturally sparkling spring water, a mineral water which is bottled and carbonated with its own gas at the source. It will be imported in 330 ml and 700 ml green glass bottles with metal screw-off caps. The next items, stated to have low mineral content, are Aquila natural spring water and Aquila carbonated natural spring water (CO2 added). Both of these will be imported in glass or plastic bottle of varying sizes with screw-off caps. All of these products are stated to be natural water with no added flavoring.

The applicable subheading for all the varieties of mineral water will be 2201.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavored: Mineral waters and aerated waters. The duty rate will be 0.33 cents per liter.

Articles classifiable under subheading 2201.10.0000, HTS, which are products of the Czech Republic are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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. 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.

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

A copy of this 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 John Maria at 212-466-5730.


Gwenn Klein Kirschner

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