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NY N005195

January 29, 2007



TARIFF NO.: 1806.90.5500; 1806.90.5900

Mr. David While
Anglo-Irish Trading Co. Pty. Ltd.
P.O. Box 990 Brookvale
NSW 2100 Australia

RE: The tariff classification and status under the United States-Australia Free Trade Agreement (UAFTA), of drink mixes from Australia.

Dear Mr. While:

In your letter dated January 9, 2007 you requested a classification ruling for three varieties of While’s SHOTS flavored chocolate beverage powders.

Samples of the three varieties of SHOTS beverage powders and ingredients breakdowns accompanied your letter. The samples were examined and disposed of. All are powdered products that will create a flavored beverage when added to a liquid (milk or water). Each is packaged for retail sale in a 200-gram can. The ingredients of the three SHOTS mixes, are as follows; chocolate flavor: 21.0 percent whey, 20.0 percent nonfat milk solids, 35.6 percent sugar, 22.5 percent cocoa powder, 0.7 percent salt, and 0.2% acesulfame K.; Irish cream flavor and coffee liqueur flavor: 21.0 percent whey, 20.0 percent nonfat milk solids, 34.6 percent sugar, 22.5 percent cocoa powder, 1.0 percent flavor, 0.7 percent salt, and 0.2% acesulfame K.

The applicable tariff provision for the three flavors of While’s SHOTS chocolate-flavored powders when imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1806.90.5500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chocolate and other food preparations containing cocoaotherotherother articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 3.5 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, these products will be classified in subheading 1806.90.5900, HTS, and dutiable at the rate of 37.2 cents per kilogram plus 6 percent ad valorem.

Articles classified in subheadings 1806.90.5500 and 1806.90.5900, HTS, are not eligible for the preferential duties of the United States-Australia Free Trade Implementation Act.

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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 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 Paul Hodgkiss at 646-733-3031.


Robert B. Swierupski

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