CLA-2-22:OT:RR:NC:2:235

Mr. Larry Fekkes
Team Products B.V. Oosthavendijk 38 P.O. Box 237
3240 AE Middelharnis
The Netherlands

RE: The tariff classification of ChocoVine Wine from Holland

Dear Mr. Fekkes:

In your letter dated August 30, 2011, you requested a tariff classification ruling.

The subject product is called ChocoVine Wine. Labeling on the 750 ml bottle indicates it is a “Product of Holland”. The product is described as having “The taste of dutch chocolate and fine red wine”. Literature and labeling information received indicates that it is a fortified red wine containing: dairy cream, carmine, caramel color, and other natural flavors. Paperwork provided with your request states that the Alcohol and Tobacco Tax and Trade Bureau (TTB) considers this a wine specialty product. Alcohol content is indicated on bottle label as 14 percent. The applicable subheading for the ChocoVine Wine will be 2206.00.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other fermented beverages…not elsewhere specified or included…other. The rate of duty will be 4.2 cents per liter. In addition, imports under this subheading may be subject to a Federal Excise Tax of $1.07 per wine gallon and a proportionate at the like rate on all fractional parts of a wine gallon.

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 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 Paul Hodgkiss at (646) 733-3046.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division