CLA-2-17:OT:RR:NC:232
Ms. Rosie Lara
Arias Logistics
543 B. Americas Ave.
El Paso, TX 79907
RE: The tariff classification of drink mixes from Chile
Dear Ms Lara:
In your letter dated June 14, 2011, on behalf of Corpora Tres Montes, S.A., Santiago, Chile, you requested a tariff classification ruling.
Samples and ingredients breakdowns for three products were submitted with your letter. The samples were examined and returned. The products are powdered drink mixes, packed for retail sale in pouches containing 20 grams (0.7 ounce), net weight. The product is designed to be dissolved and mixed with water to make a beverage. Zuko brand Mango is said to contain sugars: (dextrose 76.72 percent, sucrose 9.00 percent), acidulants 7.50 percent, stabilizing agent cellulose gum 2.10 percent, sweeteners: (Aspartame 1.30 percent, Acesulfame-K 0.70 percent), anticaking 1.00 percent and less than 1 percent of the following: cloud agent, flavors, ascorbic acid, natural and artificial colors.
Zuko brand Pina-Pinapple is said to contain sugars: (dextrose 62.44 percent, sucrose 9.00 percent), acidulants 20.30 percent, stabilizing agent Arabic gum 3.30 percent, sweeteners; (Aspartame 1.40 percent, Acesulfame-K 0.80 percent), flavors 1.10 percent, anticaking 1.00 percent and less than 1 percent of the following: cloud agent, ascorbic acid, and artificial colors.
Zuko brand Limonada-Lemonade is said to contain sugars: (dextrose 62.76 percent, sucrose 9.00 percent), acidulants 22.50 percent, stabilizing agent Arabic gum 2.00 percent, sweeteners: (Aspartame 1.10 percent, acesulfame-K 0.60 percent), anticaking 1.00 percent, and less than 1 percent of the following: flavors, ascorbic acid, cloud agent and artificial colors.
In your letter, you suggested that both products should be classified in subheading 1702.30.4080, Harmonized Tariff Schedule of the United States (HTSUS), the provision for glucose not containing fructose or containing in the dry state less than 20 percent by weight of fructose. We agree with your proposal.
The applicable subheading for the Zuko Mango, Zuko Pina-Pinapple and Zuko Limonada-Limonade will be 1702.30.4080, HTSUS, which provides for other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form…glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 percent by weight of fructose…other…other. The rate of duty will be 2.2 cents per kilogram.
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 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