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NY M81110

March 23, 2006

CLA-2-22:RR:NC:SP:232 M81110


TARIFF NO.: 2202.10.0040

Mr. Christopher Garcia
Kuehne & Nagel
Corporate Customs Brokerage Division
Orlando Branch Office
8200 Boggy Creek Rd/Ste 600
Orlando, Florida 32824

RE: The tariff classification of beverages from Austria

Dear Mr. Garcia:

In your letter dated March 9, 2006, on behalf of Carpe Diem USA Inc., you requested a tariff classification ruling.

Samples, ingredient breakdowns, copies of product labels and descriptive information were included with your request. The subject merchandise consists of “Carpe Diem-Pure” beverages, “Carpe Diem-Refresh” beverages, and “Carpe Diem Botanic Water.” The “Carpe Diem-Pure” beverages include Kombucha, Ginkgo and Kefir. Kombucha contains carbonated water, fructose, an herbal tea blend, Kombucha cultures and Lactobacillus casei. Ginkgo contains carbonated water, fructose, citric acid, malic acid, flavors, green tea extract, Ginkgo biloba leaf extract and color. Kefir contains carbonated water, elderberry juice, apple juice, fructose, fruit tea, Hibiscus bloom extract, Kefir cultures and Lactobacillus casei and citric acid. These products will be packaged in both 750 ml and 330 ml bottles.

The “Carpe Diem-Refresh” beverages include Kombucha, Ginkgo and Kefir. The Kombucha and Kefir products contain the same ingredients, but in different proportions, as the “Carpe Diem-Pure” Kombucha and Kefir beverages. These products will be imported in 500ml PET bottles.

The “Carpe Diem Botanic Water” beverages include Relaxing, Harmonizing and Vitalizing. These products all include carbonated water, plant and fruit extracts, and sugar from pears. They will be packaged in 500 ml PET bottles.

The applicable subheading for the “Carpe Diem-Pure” Kombucha, Gingko and Kefir beverages, the “Carpe Diem-Refresh” Kombucha and Kefir beverages, and the “Carpe Diem Botanic Water” Relaxing, Harmonizing, Vitalizing beverages will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored: Carbonated soft drinksother. The rate of duty will be 0.2 cents per liter.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the “Carpe Diem-Refresh” Ginkgo beverage. Your request for a classification ruling should include an ingredient breakdown for this product. When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 John Maria at 646-733-3031.


Robert B. Swierupski

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