CLA-2-22:RR:NC:SP:232 L84168
Mr. Jason M. Waite
Alston & Bird LLP
601 Pennsylvania Avenue, NW
North Building, 10th Floor
Washington, DC 20004-2601
RE: The tariff classification of Apple Juice from China
Dear Mr. Waite:
In your letter received April 18, 2005, on behalf of In-Zone Brands, Inc, of Austell, Georgia, you requested a tariff classification ruling.
You submitted descriptive literature and a product sample with your request. The subject merchandise is a line of “Tummy Tickler”® products. In this case it is an 8-ounce bottle of apple juice that will be imported for retail sale. The juice has been reconstituted to single strength by adding water to apple juice concentrate, and then fortified with vitamin C. The bottle is shaped for a child’s ease in holding, and features a large plastic no-leak cap formed to resemble a cartoon character or other children’s favorite. The sample had a “Baby Bop” head. Even though the packaging is distinctive it is still basically packing and therefore not separately classifiable as such.
The applicable subheading for the apple juice will be 2202.90.3600, Harmonized Tariff Schedule of the United States (HTS), 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: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Juice of any single fruit or vegetable. The rate of duty will be free.
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 John Maria at (646) 733-3031.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division