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NY N008602




April 13, 2007

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

CATEGORY: CLASSIFICATION

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 drink mixes from China.

Dear Mr. Gat:

In your letter dated February 23, 2007, you requested a tariff classification ruling.

Ingredients breakdowns and a sample were submitted with your request. The sample was examined and disposed of. Item No. DM-223559 is comprised of six 50-ml bottles of drink mixes packed in a coffin-shaped cardboard box with a window. The Creepy Cranberry, Ghost Vanilla, Lemon Drop Dead, Green Apple Ooze, Scary Berry Blue, and Spooky Raspberry martini mixes contain between 60.03 and 78.94 percent water, 19 and 38 percent sugar, 0.10 and 1.50 percent citric acid (the Green Apple Ooze contains 0.5 percent malic acid), 0.2 and 1.7 percent flavor, and less than one percent each of preservatives and color. Instructions on the box direct the consumer to add one part vodka to two parts martini mix to make a flavored martini.

The applicable subheading for the Creepy Cranberry, Ghost Vanilla, Lemon Drop Dead, Green Apple Ooze, Scary Berry Blue, and Spooky Raspberry martini 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 beverages containing 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/.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The sample you submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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.

Sincerely,

Robert B. Swierupski
Director,

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