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NY F88689

July 7, 2000

CLA-2-21:RR:NC:2:228 F88689


TARIFF NO.: 2106.90.9973

Ms. Phoebe Koo
Elite USA, Inc.
161-A & D Starlite Street
South San Francisco, CA 94080

RE: The tariff classification of a drink mix from China

Dear Ms. Koo:

In your letter dated June 13, 2000, on behalf of Fortune Asian, Inc., you requested a tariff classification ruling.

An ingredients breakdown and samples were submitted with your letter. The samples were examined and disposed of. Sugar Free Chrysanthemum Beverage is a brown-colored, granular product said to be composed of lactose, chrysanthemum flower extract, prunella extract, and mulberry leaf extract, packed in a metallized plastic pouch containing 10 grams. A beverage is created by mixing the contents of the pouch with water.

The applicable subheading for this product will be 2106.90.9973, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherpreparations for the manufacture of beveragesother. The rate of duty will be 6.4 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 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 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 212-637-7065.


Robert B. Swierupski

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