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NY N003096

December 1, 2006



TARIFF NO.: 2106.90.9972

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 October 26, 2006, you requested a tariff classification ruling.

A sample, pictorial literature, and an ingredients breakdown were submitted with your letter. The sample was examined and disposed of. Each unit of Pomegranatini Margarita Slush PDQ, item no. DM-221050, is composed of a plastic container (“bucket”) and lid, containing a clear plastic pouch of flavored liquid drink mix consisting of water, sugar, pomegranate flavor, citric acid, sodium benzoate, potassium sorbate, and color. Each container measures approximately 3-3/4 inches tall and 3-3/4 in diameter, and holds 325 milliliters. Directions on the label instruct the consumer to add alcohol and freeze for eight hours before consumption. The item is packaged for retail sale with six pomegranate slush products and six plastic spoons on a cardboard display tray.

The applicable subheading for the drink 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 rate of duty will be 6.4 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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