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NY N025613

April 14, 2008



TARIFF NO.: 2106.90.9972

Ms. Lucia Wang
Shonfeld’s USA, Inc.
2850 Red Hill Avenue
Suite 150
Santa Ana, CA 92705

RE: The tariff classification of a drink mix from China

Dear Ms. Wang:

In your letter dated March 31, 2008 you requested a tariff classification ruling.

An ingredients breakdown, pictures, copies of labels, and a sample were submitted with your letter. The sample was examined and disposed of. Item no. DM-225368 Creepy Cocktails Green Apple Elixir is a green colored liquid drink mix composed of approximately 79 percent water, 20 percent sugar, and less than one percent, each, of potassium sorbate, sodium benzoate, malic acid, apple flavor, and color, in a bottle containing 450 ml. The consumer combines two parts elixir with one part vodka and ice to make the drink.

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 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/.

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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