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NY I86454




October 3, 2002

CLA-2-22:RR:NC:SP:232 I86454

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040; 2202.10.0060

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of Beverages from the Czech Republic

Dear Mr. Hoffacker:

In your letter dated September 23, 2002, on behalf of XNAC, Inc., you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request. The subject merchandise is five varieties of non-alcoholic drinks, marketed as energy drinks. They will be imported ready to drink in 5 ¼ inch tall, 2 inch diameter cans that hold 250-ml, net, and that have pop-top lids. The sample cans are being returned as per your request. The first product, “Semtex Forte”, is described as a carbonated energy drink and is said to consist of water, sugar, glucose, citric acid, caffeine, taurine, inositol, glucuronolactone, and a variety of vitamins, flavors, and colors. The second product is called “Semtex”. Although the literature makes no statement about its carbonation status, the product is understood to be non-carbonated. “Semtex” is said to consist of water, sugar, citric acid, caffeine, taurine, and a variety of vitamins, flavors, and colors. The third item, “Truck Power”, is another non-carbonated drink that is said to contain water, sugar, glucose, maltose, citric acid, fruit concentrates, caffeine, guarana extract, L-carnitine, and a variety of vitamins, flavors, and minerals. The fourth product is “Isosprint”, is a non-carbonated drink that is said to contain water, sucrose, malto-dextrin, citric acid, fruit concentrates, caffeine, L-carnitine, and a variety of vitamins, flavors, and minerals. The last product, “Erektus” drink, is said to consist of water, sugar, citric acid, caffeine, guarana, L-carnitine, and a variety of vitamins, herbs, flavors, and colors.

The applicable subheading for the “Semtex Forte” drink will be 2202.10.0040, 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, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredCarbonated soft drinks: Other. The rate of duty will be 0.2 cents per liter.

The applicable subheading for the “Semtex”, the “Truck Power”, the “Isosprint” and the “Erektus” drinks will be 2202.10.0060, 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, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredOther. The duty rate will be 0.2 cents per liter.

Articles classifiable under subheadings 2202.10.0040 and 2202.10.0060, HTS, which are products of the Czech Republic are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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. The marking should clearly indicate “Made in Czech Republic” or “Product of Czech Republic”.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 John Maria at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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