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NY K81653

January 21, 2004
CLA-2-21:RR:NC:2:228 K81653


TARIFF NO.: 2106.90.9972, 2501.00.000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
16871 Noyes Avenue
Irvine, CA 92606

RE: The tariff classification of drink mix sets from China.

Dear Mr. Gat:

In your letter dated July 11, 2003, you requested a tariff classification ruling.

Samples and descriptive literature for three items were submitted with your letter. One sample was examined and disposed of. Item no. DM-205580B Margarita Mix Set is comprised of a bottle of Margarita mix and bottle of colored salt. The Margarita mix consists of 62.32 percent water, 34 percent sugar, 2.5 percent citric acid, 1 percent margarita flavor, and less than one percent each of sodium benzoate and triple sec flavor. The drink mix and salt bottles measure 10-3/4 inches tall and contain 225 ml and 360 grams, net weight, respectively. Instructions on the labels direct the consumer to combine 3 ounces of Margarita mix with 1-1/2 ounces of tequila, add ice, shake, strain, and pour into a glass with a salt coated rim.

The applicable subheading for the Margarita mix will be 2106.90.9972, HTS, which provides for food preparations not elsewhere specified or includedother otherpreparations for the manufacture of beveragescontaining sugar derived from sugar cane and/or sugar beets. The rate of duty will be 6.4 percent ad valorem.

The applicable subheading for the bottle of salt contained in item no. DM-204187B, Margarita, will be 2501.00.0000, HTS, which provides for salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free-flowing agents. The rate of duty will be free.

Your inquiry does not provide enough information for us to issue a classification ruling on Item nos. DM-205580A Berry Daiquiri Mix Set and DM-205580C Pina Colada Set. Your request for a classification ruling should include the additional information indicated below:

1. A complete ingredients breakdown, by weight, for the strawberry drink mix in item no. DM-205580A.

2. The country of origin of each of the components in item no. DM-205580C Pina Colada Mix Set.

This information was previously requested in our letter dated November 5, 2003.

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 646-733-3029.


Robert B. Swierupski

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