CLA-2-22:OT:RR:NC:N2:232
John M. Peterson
Neville Peterson LLP
One Exchange Plaza
55 Broadway, Suite 2602
New York, NY 10006
RE: The tariff classification of flavored water from Canada.
Dear Mr. Peterson:
In your letter dated July 16, 2019 you requested a tariff classification ruling on behalf of your client Lassonde Industries Inc.
The subject merchandise is flavored water, “Hydra + Oral Rehydration Solution with Electrolytes.” The product is available in three flavors “Hydra+Fruit Fusion,” “Hydra+Lemonade” and “Hydra+Watermelon/Apple.” The flavored water will be imported into the United States in 1 liter bottles.
The “Hydra+Fruit Fusion” rehydration beverage contains 96.27 percent water, 2.64 percent apple concentrate, and less than one percent citric acid, sodium chloride, potassium citrate, sodium citrate, red violet colorant, pineapple natural flavor, Hawaiian punch natural flavor, sweetening natural flavor, modulasense natural flavor, zinc gluconate, stevia, filtered water and textured sweetening natural flavor.
The “Hydra+Lemonade” rehydration beverage contains 96.35 percent water dechlorinated, 2.46 percent apple concentrate and less than one percent citric acid, sodium chloride, potassium citrate, organic lemon flavor, sodium citrate, lemon natural flavor FN-20416, lemon natural flavor GH8001720, sweetgem natural flavor, modulasense natural flavor, tastegem natural flavor, zinc gluconate, natural colorant lemon yellow, stevia and filtered water.
The “Hydra+Watermelon/Apple” rehydration beverage contains 96.25 percent water filtered, 2.64% apple concentrate and less than one percent citric acid, sodium chloride, potassium citrate, sodium citrate, exberry purple red, watermelon natural flavor, apple natural flavor, sweetgem natural flavor, tastegem natural flavor, modulasense natural flavor, zinc gluconate and stevia.
The applicable subheading for the flavored water will be 2202.10.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored: Other. The general rate of duty will be 0.2 cents per liter.
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 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 telephone number (301) 575-0156, or at the website 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,
Steven A. Mack
Director
National Commodity Specialist Division