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NY M83926

June 22, 2006

CLA-2-21:RR:NC:2:228 M83926


TARIFF NO.: 2106.90.9972, 3924.10.4000, 7323.99.9060

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

RE: The tariff classification of drink mixes, a plastic shaker, and a metal rack from China.

Dear Mr. Gat:

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

A sample and pictorial literature were submitted with your first letter and a complete ingredients breakdown was submitted with your second letter. The sample was examined and disposed of. Item no. DM-218964 At the Party Ultimate Bartender consists of six 100-ml bottles of colored liquid drink mixes, a black “leatherette” wrapped, plastic shaker with a jigger cap, in a steel wire rack. The pomergranatini mix, chocolatini mix, vanillatini mix, long island iced tea mix, whiskey sour mix, and cosmopolitan mix each contain water, sugar, citric acid, natural flavor, preservatives, and color. The pomergranatini mix, vanillatini mix, and whiskey sour mix also contain glyceryl abietate, and the pomergranatini mix, chocolatini mix, and vanillatini mix contain artificial flavors. Directions on the shaker identify the ingredients the consumer must add to make the finished drinks.

The applicable subheading for the pomergranatini mix, chocolatini mix, vanillatini mix, long island iced tea mix, whiskey sour mix, and cosmopolitan mix, will be 2106.90.9972, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or includedotherother preparations for the manufacture of beveragescontaining sugar derived from sugar cane and/or sugar beets. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the plastic shaker with jigger cap will be 3924.10.4000, HTSUS, which provides for tableware, kitchenware, other household articlesof plasticstableware and kitchenware other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the steel wire rack will be 7323.99.9060, HTSUS, which provides for table, kitchen or other household articles and parts thereof, of iron or steelotherothernot coated or plated with precious metalotherother other. The rate of duty will be 3.4 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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