CLA-2-22:OT:RR:NC:N2:235
Mr. Haim Hassin
SolStars, Inc.
575 Madison Avenue
Suite 1006
New York, NY 10022
RE: The tariff classification of still white wine from Italy.
Dear Mr. Hassin:
In your letter dated October 10, 2011, you requested a tariff classification ruling. You provided two samples for our review.
The subject merchandise is Terre Sabaude Moscato d’Asti Produttori di Govone. The wine label indicates that the product contains 5.5 percent alcohol by volume. In your letter you requested verification if the wine would be considered a still or a sparkling wine. We made a request for five extra bottles as required for such tests, which you forwarded directly to the laboratory. The result indicated that the product contains 2.6 bars of excess pressure and 0.170g of Carbon Dioxide per 100 milliliters of wine. According the Subheading Note 1 to Chapter 22, the expression "sparkling wine" means wine which, when kept at a temperature of 20 degrees Centigrade in closed containers, has an excess pressure of not less than 3 bars. Your product does not meet the parameters for the aforementioned note, therefore, it will be considered a still wine.
The applicable subheading for the Govone Moscato d’Asti will be 2204.21.5046, Harmonized Tariff Schedule of the United States (HTS), which provides for Wine of fresh grapes, including fortified wines: Other wine: In containers holding 2 liters or less: Other: Of an alcoholic strength by volume not over 14 percent vol.: Other…Valued over $1.05/liter: White. The duty rate will be 6.3 cents per liter. In addition, imports under this subheading are subject to a Federal Excise Tax of $1.07 per wine gallon and a proportionate tax at the like rate on all fractional parts of a wine gallon.
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/.
Please be advised that additional requirements are imposed on this product by the Alcohol and Tobacco Tax and Trade Bureau. You may contact TTB at 1310 G Street, NW., Suite 300, Washington, D.C. 20220 Telephone number - 202-453-2000, Email - [email protected].
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.
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division