CLA-2-22:OT:RR:NC:N5:232
Mr. Steven Park
MH Logistics
1026 West Elizabeth Avenue
Linden, NJ 07036
RE: The tariff classification of Icee Freeze Pops from Serbia
Dear Mr. Park,
In your letter dated February 7, 2025, you requested a tariff classification determination on behalf of your client, Whatever Brands USA Inc. (New York, NY).
The subject merchandise is Icee Freeze Pops of two kinds, described below.
Blue Raspberry Icee Freeze Pops are composed of water, sugar, fruit juice from apple and raspberry concentrate, citric acid, natural flavoring, carboxymethyl cellulose, blue 1, potassium sorbate, and sucralose. The product is imported in liquid form and in sealed 50 ml. pouches.
Cherry Icee Freeze Pops are composed of water, sugar, fruit juice from apple and cherry concentrate, citric acid, natural flavoring, carrot blackcurrant concentrate, carboxymethyl cellulose, potassium sorbate, sulphite ammonia caramel, and sucralose. The product is similarly imported in liquid form and in sealed 50 ml. pouches.
You have suggested that this item is correctly classified in subheading 2202.99.9120, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: “Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: Other: Other: Other.” We agree. The rate of duty will be 0.2 cents per liter.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of CBP and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. 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). 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