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NY K88469

August 20, 2004
CLA-2-21:RR:NC:2:228 K88469


TARIFF NO.: 2106.90.9972, 2501.00.000

Mr. Shachar Gat
Shonfeld’s USA, Inc.
3100 S. Susan Street
Santa Ana, CA 92704

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

Dear Mr. Gat:

In your letter dated August 3, 2004, you requested a tariff classification ruling.

Samples and pictorial literature were submitted with your letter. The samples were examined and disposed of. Item no. DM-208085A Margarita Party Mix is comprised of a bottle of Margarita mix and two plastic test tubes filled with colored salt. The Margarita mix consists of water, sugar, citric acid, natural and artificial flavor, and sodium benzoate. The drink mix bottle measures 12-1/2 inches tall and contains 450 ml, net weight. The salt filled tubes are 7 inches tall and contain 100 grams, net weight. Instructions on the label 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 salt 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.

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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