CLA-2-17:OT:RR:NC:232
Mr. Ernesto Jocson
Richard G. Fleischer CHB
132 West 132nd Street
Los Angeles, CA 90061
RE: The tariff classification of strawberry flavored powder drink mix from Colombia
Dear Mr. Jocson:
In your letter dated February 9, 2013, on behalf of your client, Cordialsa USA, Inc., you requested a tariff classification ruling. Ingredient breakdowns and samples were submitted along with your request. Samples were examined and disposed of.
The subject merchandise is described as a strawberry flavored powder drink mix and is said to contain 84 percent sugar, 11.3 percent bulking agent, 2.8 percent calcium carbonate, 0.6 percent artificial flavor (strawberry), 0.5 percent citric acid, 0.3 percent salt, 0.15 percent thickener, 0.11 percent pypophosphate ferric, 0.11 percent artificial color (red 40 lake), 0.08 percent barley malt extract, 0.03 percent vitamin A, 0.03 percent vitamin B3, 0.02 percent artificial flavor (ethyl vanillin), 0.006 percent vitamin D3, 0.003 percent vitamin B2, and 0.02 percent vitamin B1. It is intended to be mixed with milk to make a beverage. The strawberry flavored powder drink mix is a product of Colombia. It will be packaged for retail sale in 300 gram plastic containers and 180 gram poly bags.
The applicable subheading for the strawberry flavored powder drink mix will be, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, 1701.91.5400, Harmonized Tariff Schedules of the United States (HTSUS), which provides for cane or beet sugar and chemically pure sucrose in solid form: other...containing added flavoring matter whether or not containing added coloring...articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17...described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 6 percent ad valorem. If the quantitative limits of additional US note 8 to chapter 17 have been reached, the product will be classified in subheading 1701.91.5800, HTSUS, and dutiable at the rate of 33.9 cents per kilogram plus 5.1 percent ad valorem. In addition, products classified in subheading 1701.91.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.65, HTSUS.
Articles classifiable under subheading 1701.91.5400, HTSUS, which are products of Colombia, may be entitled to duty-free treatment under the United States - Colombia Trade Promotion Agreement Implementation Act (CO) upon compliance with all applicable regulations. The CO is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on CO, check our Web site at www.cbp.gov and search for the term "CO".
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 Frank Troise at (646) 733-3031.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division