CLA-2-21:OT:RR:NC:2:228
Mr. Peter Diamond
American Lamprecht Transport Inc.
700 Rockaway Turnpike
Lawrence, NY 11559
RE: The tariff classification of drink mixes from Austria
Dear Mr. Diamond:
In your letter dated December 21, 2010, on behalf of Source Atlantique Inc., you requested a tariff classification ruling.
Specification sheets for two products accompanied your letter. Samples, submitted with earlier correspondence, were examined and disposed of. “Tea syrup/herbal tea syrup,” presented in two flavors (blood orange and apple-ginger), is a drink mix in the form of caramel colored liquid, put up for retail sale in a sealed glass bottle holding 220 milliliters. Article No. 040153 (blood orange) contains blood orange juice, sugar, orange peel extract, rooibos tea extract, multi-fruit juice concentrate and citric acid. Article No. 040436 (apple-ginger) is composed of apple juice, sugar, quince juice concentrate, ginger extract, green tea extract and lemon juice concentrate. Label instructions direct the consumer to dilute “tea syrup” with hot water in a ratio of 1:16 and wait for the products to reach appropriate temperature before drinking.
The applicable subheading for “Tea syrup/herbal tea syrup” article no. 040436 (apple-ginger) 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...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…other...other...other. The rate of duty will be 8.5 percent ad valorem.
The applicable subheading for “Tea syrup/herbal tea syrup” article no. 040153 (blood orange) will be 2106.90.9972, HTSUS, which provides for food preparations not elsewhere specified or included…other…other… 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 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 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
National Commodity Specialist Division