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NY M84134

July 3, 2006

CLA-2-21:RR:NC:2:228 M84134


TARIFF NO.: 2106.90.9972, 7013.29.1000, 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, drinking glasses, 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, ingredients breakdowns, and pictorial literature were submitted with your first letter and an ingredients breakdown for one of the products was submitted with your second letter. The sample was examined and disposed of. Item no. DM-218960 At the Party Tube Shots consists of six plastic test tubes filled with colored liquid drink mixes and six drinking glasses, in a steel wire rack. The Blue Hawaiian Shooter Mix, Pomegranate Shooter Mix, Mango Shooter Mix, Strawberry Shooter Mix, Lemon Shooter Mix, and Lime Shooter Mix, each containing sugar, are combined with alcohol and other ingredients to make a drink. The six drinking glasses are frosted, measure 4 inches tall, 1-1/2 inches in diameter, and cost 18 cents each.

The applicable subheading for the Blue Hawaiian, Pomegranate, Mango, Strawberry, Lemon, and Lime Shooter mixes, 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 glasses will be 7013.29.1000, HTSUS, which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposesdrinking glassesother: other: valued not over thirty cents each. The rate of duty will be 28.5 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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