CLA-2-22:OT:RR:E:NC:N4:232

Mr. Jonathan Higginbotham
Latitude Wines
92 Railroad Avenue
Suite 200
Danville, CA 94526

RE: The tariff classification of Flavored Ciders from France

Dear Mr. Higginbotham:

In your letter dated May 10, 2016, you requested a tariff classification ruling.

The merchandise under review is cider in the following four flavors: grape, peach, raspberry and strawberry. The product is composed of fermented apple juice, apple juice concentrate, carbon dioxide (0.5%), potassiumbisulfite E224, citric acid. In addition to the stated ingredients, the raspberry and strawberry flavored cider also contains vegetal juice. Each flavored cider has an alcoholic content by volume of 4.5 percent.

The applicable subheading for the Flavored Ciders will be 2206.00.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: Cider, whether still or sparkling. The rate of duty will be 0.4ยข/liter.

Imports under this subheading may be subject to Federal Excise Tax (26 U.S.C. 5001, 26 U.S.C. 5041 or 26 U.S.C. 5051). Additional requirements may be imposed on this product by the Alcohol and Tobacco Tax and Trade Bureau (TTB). You may contact the TTB at the following number: (1-866-927-2533), [email protected]. Written requests may be addressed to: Alcohol and Tobacco Tax and Trade Bureau, Advertising, Labeling and Formulation Division, 1310 G Street NW, Box 12, Washington, DC 20005.

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 https://hts.usitc.gov/current.

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 [email protected].

Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division