CLA-2-17:RR:NC:SP:232 B86542

Mr. Roman C. Lasota
Emex Corporation
113 West Shallowstone Road
Greer, SC 29650

RE: The tariff classification of Drink Mixes from Ireland.

Dear Mr. Lasota:

In your letter dated June 5, 1997, you requested a tariff classification ruling.

You included descriptive literature and submitted samples with your request. The subject merchandise is a variety of powdered, fruit-flavored drink mixes of slightly differing formulations. All are stated to consist of sugar, citric acid, colors and flavors. Some of the flavors will include cherry, orange, grape, raspberry, lemonade, and limeade. These products will be imported in two pound packages shipped 15 to a case, or in one ton tote bags which will be repackaged for retail sale. It is assumed that the consumer adds water to the mix to produce a beverage.

The applicable subheading for the drink mixes, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 1701.91.5400 Harmonized Tariff Schedules of the United States (HTS), which provides for Cane or beet sugar and chemically pure sucrose, in solid form: Other: Containing added flavoring matter whether or not containing added coloring: Articles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17: Described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 6 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 1701.91.5800, HTS, and dutiable at the rate of 36.9 cents per kilogram plus 5.6 percent ad valorem. In addition, products classified in subheading 1701.91.5800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.57, HTS.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 John Maria at 212-466-5730.


Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division