CLA-2-20:OT:RR:NC:N2:228
Mr. James Quillen
JLIMEX, LLC
P.O. Box 110823
Naples, FL 34108
RE: The tariff classification of “Baked Fruit Tea” from the Czech Republic
Dear Mr. Quillen:
In your letter dated November 7, 2012, you requested a tariff classification ruling.
Descriptive literature, an ingredients breakdown, and images of the product accompanied your letter. Baked Tea – “Lemon with Ginger”, prepared in two variants (with sugar or with fructose) is a fruit beverage concentrate, consisting of fruits in a liquid medium, packed for retail sale in a jar measuring 55 milliliters or 420 milliliters in volume. The product is produced by adding the fruits to the jars with water, sugar or fructose, and spice, baking for 15 minutes, and then sealing the jars. The common ingredients to both varieties are approximately 20 percent lemon, 7 percent strawberries, 7 percent raspberries, 7 percent apple, and trace amount of ginger. When sugar is used, the product also contains approximately 40 percent water, and 20 percent sugar. If fructose is used, the ratio of water and sweetener will be changed to 42 percent water and 18 percent fructose. The products will be diluted with water or hot water as a fruit tea, and can be consumed cold or hot.
The applicable subheading for the Baked Tea – “Lemon with Ginger” with sugar or with fructose, when packed in airtight containers, will be 2008.97.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included … other, including mixtures other than those of subheading 2008.19 … mixtures … other … packed in a liquid medium in airtight containers … other … other. When not in airtight containers, the applicable subheading for the products will be 2008.97.9094, which provides for fruit … otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included … other, including mixtures other than those of subheading 2008.19 … mixtures … other … other … other. In both cases, the rate of duty will be 14.9 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/.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, indelibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The images of the product you submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs Import Specialist at the proposed port of entry.
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 Bruce N. Hadley, Jr. at (646) 733-3029.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division