Ms. Ninfa Dimora-Mines
P. Mines Customs Services
P.O. Box 1197
Fort Erie, Ontario L2A 5Y2

RE: The tariff classification of Alpine Spiced Cider Original Apple Flavor Drink Mix from Canada Correction to Customs Ruling N038798

Dear Ms. Dimora-Mines:

This ruling is being issued to correct Customs Ruling No. N005483, dated January 22, 2007. A clerical error was found in the ruling letter. A complete corrected ruling follows.

In your letter dated September 18, 2008 you requested a tariff classification ruling. An ingredients breakdown and sample were submitted with your request. The sample was examined and disposed of. Alpine Spiced Cider Original Apple Flavor Drink Mix is a light brown colored powder said to consist of 92.66 percent sugar, 1.58 percent apple flavor #862- .097, 2.70 percent malic acid, 0.52 percent apple flavor #52.682, 0.65 percent caramel color powder, 0.42 percent sodium citrate, 0.35 percent ascorbic acid, 0.33 percent cinnamon flavor and 0.79 percent tricalcium phosphate. After the Alpine Spiced Cider Drink Mix is blended in Canada, the product is put into plastic lined super sacks (totes) and scaled out to 1075 kilograms per super sack. The super sacks (18) are then loaded onto a truck for export shipping to a copackager located in the United States for packaging into a retail pack format. The finished product consists of 10 x 0.74 ounce packages in a retail display carton.

The applicable tariff provision for the Alpine Spiced Cider Original Apple Flavor Drink Mix, 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 (HTSUS), which provides for cane or beet sugar and chemically pure sucrose in solid form: other...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 rate of duty will be 6 percent ad valorem. If the quantitative limits of additional US 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 33.9 cents per kilogram plus 5.1 percent ad valorem. In addition, products classified in subheading 1701.91.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.65, HTS.

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 World Wide Web at

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

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 (646) 733-3031.


Robert B. Swierupski
National Commodity Specialist Division