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NY N025084

April 7, 2008



TARIFF NO.: 2101.20.9000

Mr. Scott C. Dustin
OnTech Operations, Inc.
15910 Bernardo Center Dr.
San Diego, CA 92127

RE: The tariff classification of tea lattes in self-heating containers

Dear Mr. Dustin:

In your letter dated March 12, 2008, you requested a tariff classification ruling.

Product specification sheets, ingredients breakdowns, technical drawings, samples, and images of the products, labels, and store displays were submitted with your letter. The samples were examined and disposed of. The products are tea lattes in retail-sized self-heating containers holding 9.5 fluid ounces. Hillside brand Chai Tea Latte is said to contain whole milk, sugar, instant tea, natural flavor, pectin, natural spices. Green Tea Latte is said to contain whole milk, water, sugar, green tea, natural flavor and pectin. Heating is caused by a chemical reaction between calcium oxide and water occurring within the container walls. The reaction is triggered by the consumer depressing a button on the container and shaking the product.

The applicable subheading for the tea lattes will be 2101.20.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Extracts, essences and concentrates of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: Extracts, essences and concentrates of tea or maté, and preparations with a basis of these extracts, essences or concentrates or with a basis of tea or maté: Extracts, essences and concentrates: Other: Other.

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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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