CLA-2-21:RR:NC:2:228 D83153
Mr. Patrick K. McCooey
Mitsubishi International Corporation
520 Madison Avenue
New York, NY 10022-4223
RE: The tariff classification of a beverage powder from Japan
Dear Mr. McCooey:
In your letter dated October 2, 1998 you requested a tariff
classification ruling.
A sample, submitted with your letter, was examined and
disposed of. Hinute Peptide Sports Drink is a cream-colored
powder, said to be composed of soy peptide, erythritol, citric
acid, calcium lactate, grapefruit juice powder, flavor,
aspartame, guar gum, sodium ferrous citrate, niacin, calcium
pantothenate, and vitamins A, C, E, B1, B2, B6, B12, and D3. The
product is described as a protein supply drink powder, and will
be packaged in 17-gram pouches, 30 pouches to a box, or in 510-gram cans. The powder is mixed with 150-milliliters of cold
water to make the beverage.
The applicable subheading for this product will be
2106.90.9971, Harmonized Tariff Schedule of the United States
(HTS), which provides for food preparations not elsewhere
specified or included...other...other...preparations for the
manufacture of beverages...containing high-intensity sweeteners
(e.g., aspartame and/or saccharin).... The rate of duty will be
7.6 percent ad valorem.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). The sample you
submitted does not appear to be properly marked with the country
of origin. You may wish to discuss the matter of country of
origin marking with the Customs import specialist at the proposed
port of entry.
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 Stanley
Hopard at 212-466-5760.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division