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NY I89243




December 12, 2002

CLA-2-21:RR:NC:SP:232 I89243

CATEGORY: CLASSIFICATION

TARIFF NO.: 2101.20.5400; 2101.20.5800

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Instant Chai Mixes from Canada; Article 509

Dear Mr. Kavanaugh:

In your letter dated December 5, 2002, on behalf of Pacific Beverages, you requested a ruling on the status of Chai Mixes from Canada under the NAFTA.

Descriptive information was submitted with your request. The subject merchandise consists of three types of Instant Chai Mixes: Vanilla Chai, Spice Chai and Decaf Chai. All of the products contain sugar, non-dairy creamer, non-fat dry milk, whey, tea, honey spices and flavoring. The non-fat milk powder, and some of the spices and flavors may have a non-NAFTA origin. The balance of the ingredients is from Canada or the United States. All of the ingredients will be blended in Canada to produce the final product. The merchandise will be imported in bulk totes weighing 1400 pounds, and repackaged into various retail sizes after importation into the United States.

The applicable subheading for the three Instant Chai Mixes, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2101.20.5400 Harmonized Tariff Schedules of the United States (HTS), which provides for extracts, essences and concentrates, of tea or mate, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or mate...other...other...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2101.20.5800, HTS, and dutiable at the rate of 30.5 cents per kilogram plus 8.5 percent ad valorem.

Each of the non-originating materials used to make the three Instant Chai Mixes have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/21. If classified under subheading 2101.20.5400, the three Instant Chai Mixes will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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