CLA-2-22:OT:RR:NC:N5:232
Sarah Scipione
Trans American CHB, LLC
50 Sonwil Drive Buffalo, NY 14225
RE: The tariff classification of Zardetto Spritz from Italy
Dear Ms. Scipione:
In your letter dated June 28, 2023, you requested a tariff classification ruling on behalf of your client, Winebow. An ingredients breakdown, manufacturing flowchart and Alcohol and Tobacco Tax and Trade Bureau (TTB) Certificate of Label Approval were included with your inquiry.
The subject merchandise is described as Zardetto Spritz, a ready-to-drink Spritz cocktail. It is said to contain 91 percent white wine, 7 percent sugar, 1.276 percent osmotised water, 0.7 percent infusion of natural herbs (Gentian Rhubarb and Orange Skins), 0.015 percent sulfites, 0.005 percent Yellow #6, and 0.004 percent Red #40. Carbon dioxide is added during bottling. As per your response to an email inquiry, the item contains 2.5 bars of pressure and 0.42 grams of carbon dioxide per 100 milliliters of wine. Zardetto Spritz is packaged in 200 ml glass bottles and has an alcohol by volume content of 10 percent.
The applicable subheading for the Zardetto Spritz will be 2206.00.6000, 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: Effervescent wine. The rate of duty will be 13.9cts/liters.
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.
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.
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 at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Frank Troise at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division