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NY K88649

August 30, 2004
CLA-2-21:RR:NC:2:228 K88649


TARIFF NO.: 2106.90.9972, 2501.00.0000

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 descriptive literature were submitted with your letter. The samples were examined and disposed of. Item no. DM-208088B Margarita Set is comprised of a bottle of Margarita mix, a plastic tube containing colored salt, and a decorated cylinder-shaped glass. The Margarita mix consists of sugar, citric acid, natural and artificial flavor, and sodium benzoate. Instructions on the labels direct the consumer to combine the mix with 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, Harmonized Tariff Schedule of the United States (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 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.

Your inquiry does not provide enough information for us to issue a classification ruling on the cylinder-shaped glass. Your request for a classification ruling should include the additional information indicated below:

Please indicate the unit value of the glass. Unit value is defined as the price at which a single glass is sold by the foreign seller to the American importer.

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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