CLA-2-22:RR:NC:SP:232 I87422

Ms. Mila C. Webster
Glazer’s Family of Companies
14860 Landmark Blvd.
Dallas, TX 75240

RE: The tariff classification of Riunite Fruit Wines from Italy

Dear Ms. Webster:

In your letter dated October 2, 2002 you requested a tariff classification ruling.

Samples were included with your request. The submitted samples were examined and are being returned. Information was submitted with your initial request dated August 22, 2002. Addition information was submitted in a facsimile dated October 21, 2002.

The subject merchandise consists of four types of fruit wines: Riunite Peach Chardonnay, Riunite Raspberry Cabernet, Riunite Blackberry Merlot and Riunite Strawberry White Merlot. The product labels indicate that the items contain either a chardonnay, cabernet or merlot wine, with grape must, natural flavors and potassium metabisulfite. The merchandise is not produced with added water. The product labels also indicate that the wines “contain 0% juice.” The wines are stated to contain 6 percent alcohol by volume and 3.5 grams of carbon dioxide per liter. They will be imported in 750 milliliter bottles.

The applicable subheading for the Riunite Peach Chardonnay, Riunite Raspberry Cabernet, Riunite Blackberry Merlot and Riunite Strawberry White Merlot will be 2205.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for vermouth and other wine of fresh grapes flavored with plants or aromatic substances: in containers holding 2 liters or less…other. The rate of duty will be 4.2 cents per liter. Additionally, there is a Federal Excise Tax of $1.07 per wine gallon on still wine containing not more than 14 percent of alcohol by volume.

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 John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division