CLA-2-22:S:N:N2:232 814605
Mr. Christian Emmanuel
Cemma International Inc.
4829, Avenue Rosedale
Montreal (Quebec)
Canada H4V 2H3
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of apple cider from
Canada; Article 509
Dear Mr. Emmanuel:
In your letter dated August 28, 1995, on behalf of Verger du
Minot in Quebec, Canada, you requested a ruling on the status of
three apple cider products from Canada under the NAFTA.
Samples, descriptive information and a laboratory analysis
were submitted with your request. "Cremant de Pomme du Minot"
contains approximately 2.5 percent alcohol by volume. "Clos du
Minot-`Tradition'" and "Cuvee du Minot" contain 0.5 or less
alcohol by volume, and are the same product marketed under
different names. All of the above products are naturally
carbonated ciders produced in Canada from Canadian apples. The
ciders are packaged in 750 milliliter glass bottles.
The applicable tariff provision for the "Clos du Minot-
`Tradition'" and "Cuvee du Minot" will be 2202.90.9090,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for waters, including mineral waters and
aerated waters, containing added sugar or other sweetening matter
or flavored, and other nonalcoholic beverages...other...other
...other. The general rate of duty will be 0.3 cents per liter.
The applicable tariff provision for the "Cremant de Pomme du
Minot" will be 2206.00.1500, HTS, which provides for other
fermented beverages...cider, whether still or sparkling. The
general rate of duty will be 0.4 cents per liter. Additionally,
there is a Federal Excise Tax of $3.40 per wine gallon on
champagne and other sparkling wine.
The ciders, being wholly obtained or produced entirely in
the territory of Canada, will meet the requirements of HTSUSA
General Note 12(b)(i), and will therefore be entitled to a free
rate of duty for the "Clos du Minot-`Tradition'" and the "Cuvee
du Minot" and a 0.1 cents per liter rate of duty for the "Cremant
de Pomme du Minot" under the NAFTA upon compliance with all
applicable laws, regulations, and agreements.
Additional requirements are imposed on this product by the
Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact
the BATF at:
Bureau of Alcohol, Tobacco and Firearms
650 Massachusetts Avenue N.W.
Washington, D.C. 20226
Tel# 202-927-8500
The country of origin marking requirements for a "good of a
NAFTA country" are determined in accordance with Annex 311 of the
North American Free Trade Agreement ("NAFTA"), as implemented by
section 207 of the North American Free Trade Agreement
Implementation Act (Pub. L. 103-182, 107 Stat 2057) (December 8,
1993) and the interim amendments to the Customs Regulations
published as T.D. 94-4 (59 Fed. Reg. 109, January 3, 1994) with
corrections (59 Fed. Reg. 5082, February 3, 1994) and T.D. 94-1
(59 Fed. Reg. 69460, December 30, 1993). These interim
amendments took effect on January 1, 1994 to coincide with the
effective date of the NAFTA. The samples you have submitted do
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 ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
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 John
Maria at 212-466-5730.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division