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NY M83924

July 3, 2006

CLA-2-17:RR:NC:2:228 M83924


TARIFF NO.: 1701.91.1000, 1701.91.3000, 2106.90.9972, 2501.00.0000, 4202.92.4500, 7013.29.2000

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

RE: The tariff classification of drink mixes, sugar, salt, glasses, and a carrying bag from China.

Dear Mr. Gat:

In your letters dated April 12, 2006, and May 8, 2006, and facsimile received June 22, 2006, you requested a tariff classification ruling.

Samples and pictorial literature were submitted with your April letter, ingredients breakdowns were submitted with your May letter, and a description of the composition of the “leatherette” carrying bag was provided in a facsimile transmission dated June 22, 2006. The samples were examined and disposed of. Item nos. DM-220672 A and B consist of a “leatherette” carrying bag containing two 375 ml bottles of liquid drink mix containing sugar, two frosted glasses, and salt or sugar. Item no. DM-220672A includes a bottle of cosmopolitan drink mix, a bottle of pomergranatini drink mix, and tin containing colored sugar. Item no. DM-220672B consists of a bottle of whiskey sour mix, a bottle of appletini drink mix, and a tin containing colored salt. The drinking glasses measure 6 inches tall, 2-1/2 inches in diameter, and cost 70 cents each. The carrying bag is an open-top tote bag designed and principally used as a generic carrying bag. Our examination reveals it to be of paperboard with an exterior surface of plastic sheeting. It measures approximately 14"W x 12" H x 6"D. It has a self handle in the form of a belt and buckle; the handle extends up approximately 4" from the body of the bag. The bag is not specially fitted for the bottles or glasses. It possesses the useful characteristics of storage, protection, organization and portability.

The applicable subheading for the sugar contained in item no. DM-220672A, 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 (HTSUS), which provides for cane or beet sugar and chemically pure sucrose in solid formother containing added coloring but not containing added flavoring matter. The 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, HTSUS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.91.3000, HTSUS, may be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

The applicable subheading for the cosmopolitan, pomergranatini, whiskey sour, and appletini drink mixes will be 2106.90.9972, HTSUS, which provides for food preparations not elsewhere specified or included otherotherpreparations for the manufacture of beverages containing 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 contained in item no. DM-220672B will be 2501.00.0000, HTSUS, 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.

The applicable subheading for the carrying bag will be 4202.92.4500, HTSUS, which provides for travel, sport and similar bags, with outer surface of sheeting of plastic other. The duty rate will be 20 percent ad valorem.

The applicable subheading for the drinking glasses, will be 7013.29.2000, HTSUS, glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesdrinking glasses, other than of glass-ceramicsotherother valued over $0.30 but not over $3.00 each. The rate of duty will be 22.5 percent ad valorem.

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/.

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 Stanley Hopard at 646-733-3029.


Robert B. Swierupski

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