CLA-2-22:OT:RR:NC:232

Mr. Gregory E. Di Mattino
Omnipak Import Enterprises, Inc.
29-16 120th Street
Linden Hill, NY 11354-2506

RE: The tariff classification of Lurisia Natural Spring Water from Italy

Dear Mr. Di Mattino:

In your letter dated January 23, 2009 you requested a tariff classification ruling.

Lurisia Natural Spring Water is sourced from the spring “Fonte Santa Barbara Di Lurisia” in the region of Piedmont at the base of the Italian Western Alps. It is said to contain only 36 parts per million (ppm) in total dissolved solids (TDS). It will be imported in 33.8 fluid ounce (1000ml) green glass bottles with metal screw-off caps.

The applicable subheading for the Lurisia Natural Spring Water will be 2201.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavored: Mineral waters and aerated waters: Other. The rate of duty will be free.

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 http://www.usitc.gov/tata/hts/.

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 telephone number (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).

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.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division