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NY K82511

February 12, 2004
CLA-2-21:RR:NC:2:228 K82511


TARIFF NO.: 2106.90.9972, 3924.10.4000

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

RE: The tariff classification of “Drinksicle” sets from China.

Dear Mr. Gat:

In your letters dated October 23, 2003, November 18, 2003, and January 18, 2004, you requested a tariff classification ruling.

The sample submitted with your first letter was examined and disposed of. Ingredients breakdowns were submitted with your subsequent correspondence. Item no. DM-205609 Drinksicle is comprised of four 90-ml bottles of drink mixes (Strawberry Daiquiri, Margarita, Mango Daiquiri, and Pina Colada), and four plastic “Drinksicle” molds. The Strawberry Daiquiri mix contains 55 percent sugar, 35.85 percent water, 9 percent fructose corn sweetener, and less than one percent each of citric acid, natural flavor, sodium benzoate and color. The Margarita mix consists of 62.32 percent water, 34 percent sugar, 2.5 percent citric acid, one percent margarita flavor, and less than one percent each of sodium benzoate and triple sec flavor. The Mango Daiquiri mix consists of 58.4 percent water, 40 percent sugar, and less than one percent each of citric acid, sodium benzoate, potassium sorbate, natural and artificial flavors. The Pina Colada mix contains 80.17 percent, 19 percent sugar, and less than one percent each of sodium benzoate, malic acid, sodium hexametaphosphate, and natural and artificial flavor. Instructions direct the consumer to combine a “shot of booze” with one of the drink mixes and to freeze for six hours before serving.

The applicable subheading for the drink mixes will be 2106.90.9972, Harmonized Tariff Schedule of the United States, (HTS), which provides for food preparations not elsewhere specified or includedotherotherpreparations 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 plastic “Drinksicle” molds will be 3924.10.4000, HTS, which provides for tableware, kitchenware, other household articles and toilet articles, of plasticstableware and kitchenwareother. The rate of duty will be 3.4 percent ad valorem.

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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