CLA-2-22:OT:RR:NC:N2:232

Mr. Errol Castillo
Tical S.A
Rio Segundo de Alajuela, Juan Santamaría
20109 - Costa Rica

RE: The tariff classification of “Sangria Don Simon” from Spain.

Dear Mr. Castillo:

In your letter dated, March 8, 2022, you requested a classification ruling. A photograph and product literature were submitted for our review.

The subject merchandise, “Sangria Don Simon,” is a wine-based Sangria. The beverage consists of red wine, citric acid, sugar, natural fruit extract and cinnamon extract. The alcoholic content by volume is 7 percent. The Sangria is produced in Spain and will be imported into the United States in 1 liter cartons.

The applicable subheading for “Sangria Don Simon” will be 2206.00.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: Other: Other. The general rate of duty will be 4.2 cents per liter. Imports under this subheading may be subject to Federal Excise Tax (26 U.S.C. 5001, 26 U.S.C. 5041 or 26 U.S.C. 5051). Additional requirements may be imposed on this product by the Alcohol and Tobacco Tax and Trade Bureau (TTB). You may contact the TTB at the following number: (1-866-927-2533), [email protected]. Written requests may be addressed to: Alcohol and Tobacco Tax and Trade Bureau, Advertising, Labeling and Formulation Division, 1310 G Street NW, Box 12, Washington, DC 20005.

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 the World Wide Web at https://hts.usitc.gov/current.

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 website 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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division