CLA-2-22:OT:RR:NC:N2:232
Mr. Henry Hudson
Hudson Wine Brokers
8316 Blackburn Avenue
Los Angeles, CA 90048
RE: The tariff classification of Bizzarro Bitter Aperitivo with Bengal Tonic from Australia
Dear Mr. Hudson:
This is in response to your letter dated March 8, 2022, requesting a ruling on the classification of Bizzarro Bitter Aperitivo with Bengal Tonic. Ingredients breakdown, a photograph and descriptive literature were submitted with your request.
The subject merchandise is described as Bizzarro Bitter Aperitivo and Bengal Tonic. It is said to contain 21 percent Bizzarro Bitter Aperitivo (white vermouth), 71 percent carbonated water, 7 percent sugar syrup and 1 pecent botanicals. The white vermouth is blended with water, sugar syrup and botanicals, infused with carbon dioxide and canned. The finished product contains 0.58 grams of carbon dioxide per 100 milliliters. Bizzarro Bitter Aperitivo with Bengal Tonic is packaged in 250ml ready-to-drink cans with an alcohol by volume content of 5 percent.
The applicable subheading for the Bizzarro Bitter Aperitivo with Bengal Tonic will be 2206.00.6000, 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: other: Effervescent wine. The rate of duty will be 13.9cts/liters.
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.
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 frank.l.troise.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division