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NY J82944




April 11, 2003

CLA-2-39:RR:NC:SP:232 J82944

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.10.4000

Ms. Kathryn L. Moss
FedEx Trade Networks
Transport & Brokerage, Inc.
128 Dearborn Street
Buffalo, NY 14207

RE: The tariff classification of Party in a Pitcher products from Canada

Dear Ms. Moss:

In your letter dated April 1, 2003, on behalf of Cobblestone Kitchen Inc., you requested a tariff classification ruling.

The subject merchandise consists to two types of Party in a Pitcher products. Margarita Mix Kit is comprised of 2 paper pouches of powdered margarita mix inside a Rubbermaid pitcher (polyethylene) with a metal container of colored rim salt. Frozen Daiquiri Mix Kit is comprised of 2 paper pouches of powdered daiquiri mix inside a Rubbermaid pitcher (polyethylene) with a metal container of colored rim salt. A finished beverage is produced by combining the ingredients in the pitcher with water and rum or tequila, and freezing the mix overnight

The applicable subheading for the plastic drink pitcher will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles of plastics: tableware and kitchenware: other. The general duty rate will be 3.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the Frozen Margarita Mix, the Frozen Daiquiri Mix and the Flavored Rim Salt. Your request for a classification ruling should include the exact percentage of fructose and dextrose in each product. The submitted sample of the Frozen Margarita Mix shows an ingredient breakdown which is different than the submitted breakdown. Please indicate which is the correct formulation for the product. Your letter dated April 1, 2003 makes reference to “Flavored Rim Sugar.” Please clarify if this is an additional product or you are actually referring to the Flavored Rim Salt. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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