CLA-2-17:RR:NC:FC:232 818773

Mr. Robert Karpiuk
Select Food Processing Corporation
2946 Walker Road
Windsor, Ontario
N8W3R3 Canada

RE: The tariff classification of drink mixes from Canada.

Dear Mr. Karpiuk:

In your letter received January 29, 1996 you requested a tariff classification ruling.

The subject merchandise is described as various grape flavored drink mixes, which are packaged for retail sale. The drink mixes require the addition of water by the consumer to produce finished beverages. Grape Aid 0 is stated to contain 97.98515 percent sugar, and small quantities of citric acid, purple shade, grape flavor, and ascorbic acid. Grape Aid 51 contains 95.7333 percent sugar, 00.2491 percent aspartame and small quantities of citric acid, purple shade, grape flavor and ascorbic acid. Grape Aid 35 contains 97.6099 percent sugar, 00.0687 percent aspartame and small quantities of citric acid, purple shade, grape flavor and ascorbic acid. Grape Aid 100 contains 19.5592 percent aspartame, 69.8527 percent citric acid and small quantities of purple shade, grape flavor and ascorbic acid.

The applicable subheading for the Grape Aid 0, Grape Aid 51 and Grape Aid 35, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1701.91.5400 Harmonized Tariff Schedules of the United States (HTS), which provides for cane or beet sugar and chemically pure sucrose, in solid form...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 general rate of duty will be 6 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 1701.91.5800, HTS, and dutiable at the rate of 37.9 cents per kilogram plus 5.7 percent ad valorem.

The applicable subheading for the Grape Aid 100 will be 2106.90.9971, 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 general rate of duty will be 8.8 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director,
National Commodity
Specialist Division