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NY K82743

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March 2, 2004
CLA-2-17:RR:NC:2:228 K82743

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.1000; 1701.91.3000; 2106.90.9972; 6912.00.4100

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

RE: The tariff classification of from a drink mix set from China

Dear Mr. Gat:

In your letter dated February 9, 2004 you requested a tariff classification ruling.

An ingredients breakdown and illustrative literature was submitted with your letter and via facsimile transmission. Product no. DM-205585, See Tiki Set, consists of a ceramic tumbler, a 100-milliliter bottle of drink mix, and a glass tube filled with colored sugar. The drink mix in the Pina Colada set consists of sugar, water, pineapple juice concentrate, cream of coconut, flavor, malic acid, sodium hexametaphosphate, and sodium benzoate. The mix in the Berry Daiquiri set is composed of sugar, water, fructose corn sweetener, citric acid, flavor, sodium benzoate, and color.

The applicable subheading for the colored sugar, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.91.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid formother containing added flavoring or coloring mattercontaining added coloring but not containing added flavoring matter The general rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.91.3000, HTS, and the rate of duty will be 35.74 cents per kilogram. In addition, products classified in subheading 1701.91.3000, HTS, will be subject to additional duties based on their value, in subheadings 9904.17.08 to 9904.17.16, HTS.

The applicable subheading for the drink mixes will be 2106.90.9972, HTS, which provides for food preparations not elsewhere specified or includedother otherotherpreparations 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 tumblers will be 6912.00.4100, HTS, which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or chinatableware and kitchenwareother otherothertumblers The rate of duty will be 3.9 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.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 1701.91.10 - Cane/beet sugar & pure sucrose, refined, solid, w/added coloring but not flav., subject to add. US 5 to Ch.17
• Tariff No.: 1701.91.30 - Cane/beet sugar & pure sucrose, refined, solid, w/added coloring but not flav., not subject to gen. note 15 or add. US 5 to Ch.17
• Tariff No.: 2106.90.99 - Food preparations not elsewhere specified or included, not canned or frozen
• Tariff No.: 6912.00.41 - Ceramic (o/than porcelain or china) hsehld steins w/pewter lids, decanters, punch bowls, spoons & rests, salt/pepper sets, etc.
• Tariff No.: 9904.17.08 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, etc, entered in value safeguard period, under $0.05/kg
• Tariff No.: 9904.17.16 - Sugars, syrups and molasses, in 1701.12.50, 1701.91.30, 1701.99.50, 1702.90.20 & 2106.90.46, entered in quantity safeguard period