CLA-2-21:OT:RR:NC:N2:228
Ms. Carla Graca
All-Ways Forwarding Intl Inc.
701 Newark Avenue
Elizabeth, NJ 07208
RE: The tariff classification of drink mixes from Costa Rica
Dear Ms. Graca:
In your letter dated October 21, 2019, you requested a tariff classification ruling, on behalf of your client, Paradise Ingredients, CR.
Samples, ingredient breakdowns, narrative descriptions of the manufacturing processes, and manufacturing flowcharts were provided with your inquiry. The samples were examined and discarded.
The Pina Colada Mix (Natural Cocktail and Beverage Mix) is said to contain approximately 58 percent water, 28 percent sugar, 10 percent coconut milk, 2 percent pineapple juice concentrate, 2 percent stabilizer mix, and trace amounts of pina colada natural flavor and citric acid.
The Bloody Mary Mix (Natural Cocktail and Beverage Mix) is said to contain approximately 81 percent water, 11 percent tomato paste concentrate, 2 percent vinegar, 2 percent sugar, 1 percent salt, 1 percent lemon juice concentrate, 1 percent Bloody Mary natural flavor, and trace amounts of cornstarch, black pepper, citric acid, flavor enhancer, red natural color, and caramel natural color.
The Strawberry Daiquiri Mix (Natural Cocktail and Beverage Mix) is said to contain 57 percent water, 28 percent sugar, 11 percent strawberry puree, 3 percent cornstarch, 2 percent strawberry natural flavor, and trace amounts of lime juice concentrate, malic acid, red natural color, citric acid, and rosmarinic acid as an antioxidant.
The Mango Mix (Natural Cocktail and Beverage Mix) is said to contain approximately 62 percent water, 28 percent sugar, 8 percent mango puree concentrate, 2 percent corn starch, and trace amounts of citric acid, mango natural flavor, and beta carotene.
The Sweet & Sour Mix (Natural Cocktail and Beverage Mix) is said to contain approximately 67 percent water, 28 percent sugar, 2 percent lemon juice concentrate, 2 percent lime juice concentrate, and trace amounts of citric acid, sweet & sour natural flavor, salt, rosmarinic acid as an antioxidant, and silicone as an anti-foaming agent.
The applicable subheading for the five drink mixes will be 2106.90.9872, Harmonized Tariff Schedule of the United States (HTSUS), which provides for food preparations not elsewhere specified or included . . . other . . . other . . . preparations for the manufacture of beverages: containing sugar derived from sugar cane and/or sugar beets. The general rate of duty will be 6.4 percent ad valorem.
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 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 301-575-0156, or at the Web site ww.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 Bruce N. Hadley Jr. at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division