CLA-2-12:S:N:N2:228 813894
2202.10.0040
Mr. Kevin Hussey
Wilson UTC, Inc.
750 Walnut Avenue
Cranford, NJ 07016
RE: The tariff classification of food products from England
Dear Mr. Hussey:
In your letter dated August 21, 1995, on behalf of Amazon
Herbs Inc., Glendale, AZ, you requested a tariff classification
ruling.
Four samples, submitted with your letter, were opened,
examined, and disposed of. All are packaged for retail sale and
marketed in the "health food industry." "Rio Amazon Guarana
Powder for Drinks" is a brown powder, described as the finely
ground seed of the plant Paullinia cupana, packed in a sealed,
foil packet containing 5 grams, net weight. Package instructions
suggest adding the powder to hot or cold beverages, sprinkling
over cereals, or using in baked products. "Buzz Bar Chocolate
Covered Cereal Bar with Guarana" is a chocolate-covered, candy
bar shaped product weighing 50 grams, packed in a sealed, plastic
film wrapper. The stated ingredients are oats, cane sugar,
honey, chocolate coating, sunflower oil, guarana powder, wheat
flour, desiccated coconut, hazelnuts, sesame seeds, lecithin,
almonds, and salt. "Rio Amazon Guarana" consists of gelatin
capsules, each containing 500 milligrams of guarana powder, 24
capsules mounted on a "push-out" card. Package instructions
recommend 2 or more capsules be consumed daily. "Rio Amazon
Guarana Breeze" is a ready to drink liquid, packed in a glass
bottle containing 25 centiliters. The stated ingredients for
this item are carbonated water, apple juice, lychee and mango
juice concentrates, honey, guarana extract, schizandra extract,
herbal extracts, and natural flavorings.
The applicable subheading for the Rio Amazon Guarana Powder
for Drinks will be 1211.90.8090, Harmonized Tariff Schedule of
the United States (HTS), which provides for plants and parts of
plants...of a kind used primarily in perfumery, in pharmacy or
for insecticidal, fungicidal or similar purposes, fresh or dried,
whether or not cut, crushed or powdered...other...other...other.
The rate of duty will be free.
The applicable subheading for the Buzz Bar will be
1806.31.0040, HTS, which provides for chocolate and other food
preparations containing cocoa...other, in blocks, slabs or
bars...filled...confectionery. The rate of duty will be 6.8
percent ad valorem.
The applicable subheading for the Rio Amazon Guarana
capsules will be 2106.90.9999, HTS, which provides for food
preparations not elsewhere specified or included...other...
other...other. The rate of duty will be 9.4 percent ad valorem.
The applicable subheading for the Rio Amazon Guarana Breeze
will be 2202.10.0040, HTS, which provides for waters, including
mineral waters and aerated waters, containing added sugar or
other sweetening matter or flavored...carbonated soft drinks...
other. The rate of duty will be 0.3 cents per liter.
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides, in general, that all articles of foreign origin
imported into the United States must be legibly, conspicuously,
and permanently marked to indicate the English name of the
country of origin to an ultimate purchaser in the United States.
The implementing regulations to 19 U.S.C. 1304 are set forth in
Part 134, Customs Regulations (19 CFR Part 134). Some of the
samples you have submitted do not appear to be properly marked
with the country of origin. You may wish to discuss the matter
of country of origin marking with the Customs import specialist
at the proposed port of entry.
The importation of this merchandise may be subject to
restrictions imposed by the United States Department of
Agriculture and/or Food and Drug Administration. It is suggested
you contact these agencies directly for further information.
This ruling is being issued under the provisions of Section
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 Stanley
Hopard at 212-466-5760.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division