CLA-2-25:OT:RR:NC:N2:226

Mr. Stephen Ross
Imexsys, Inc.
181 South Franklin Avenue
Suite 308
Valley Stream, NY 11581

RE: The tariff classification of water from Israel

Dear Mr. Ross:

In your letter dated November 2, 2011, on behalf of your client, Caseiko Trading Co., you requested a tariff classification ruling.

The product under consideration is water collected in Israel from Kineret Lake aka The Sea of Galilee, the Jordan River and the Dead Sea. You stated that the water will be imported in bulk for religious use.

The water will be packed in one gallon containers, four containers to a box. The container and boxes will be labeled (not potable/not suitable for drinking). Once the water is imported into the United States, it will be repacked into 2cc plastic vials and sold for religious use.

The applicable subheading for the water will be 2530.90.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mineral substances not elsewhere specified or included: other. The rate of duty will be free.

This product may be subject to Food and Drug Administration (FDA) requirements (including the requirement that the bottle be labeled “not potable/not suitable for drinking”). Questions regarding FDA requirements may be addressed to the Food and Drug Administration Division of Import Operations and Policy, 5600 Fishers Lane, Rockville, Maryland 20857. Telephone: 888-463-6332.

This merchandise may be 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.

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 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 Jacob Bunin at (646) 733-3027.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division