CLA-2-235:OT:RR:NC:2:235

Mr. Diego Valencia
Aristi Foods LLC
8512 NW 61st Street
Miami Florida, 33166

RE: The tariff classification of various Rice Drinks from Italy

Dear Mr. Valencia:

In your letter dated January 28, 2014 you requested a tariff classification ruling.

The instant merchandise consists of the following products for the Brand Name “Vitariz”:

UHT Natural Flavor Rice Drink UHT Almond Rice Drink UHT Hazelnut Rice Drink UHT Rice Drink with Calcium UHT Cocoa Rice Drink

All products will be imported in 1000ml aseptic tetra pack containers. All products received consisted of water as the main ingredient. Each product contains approximately fourteen percent rice, sugar, salt, stabilizers, and various flavoring and organoleptic ingredients, based on the desired flavor. The samples that we received were fluid in nature. They all consisted of a slightly thickened liquid with no visible or obvious solid rice particles. Packaging and literature indicate that the Rice Drinks have their main intended use as a beverage; although literature states that they could also be consumed with a breakfast cereal.

The applicable subheading for the all five Rice Drinks will be 2202.90.9090, 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: Other: Other: Other.” The 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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Paul Hodgkiss at (646) 733-3046.

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division