CLA-2-22:OT:RR:NC:N2:232

Michael E. Andres
Seafair USA LLC.
10813 NW 30th Street, Suite 102
Doral, FL 33172

RE: The tariff classification of Herbal Ice Tea Beverages from South Africa

Dear Mr. Andres:

In your letter dated June 20, 2018, you requested a tariff classification ruling on behalf of Redsoil Africa. Ingredients breakdown and samples were submitted for our review. The samples will be retained in our office for future reference.

The subject merchandise is a non-carbonated beverage described as “Uber Flavour Craft Ice Tea”. The tea will be imported in 330 ml airtight bottles.

The Apple & Cinnamon Rooibos Brew consists of 70 percent Apple juice, 27 percent Water, 1.5 percent Rooibos tea and 1.5 percent Cinnamon.

The Mango & Vanilla Rooibos Brew consists of 67 percent pressed Apple juice, 25.4 percent Water, 6 percent Mango pulp, 1.5 percent Rooibos tea, and less than one percent Vanilla.

The Honey & Lemon Rooibos Brew consists of 48 percent Water, 37 percent pressed Apple juice, 8 percent Honey, 6 percent Lemon juice and 1 percent Rooibos tea.

The Berry & Buchu Rooibos Brew consists of 81.1 percent Apple juice, 13 percent Rooibos brew and Water, 2.5 percent Blackcurrant puree, 2.5 percent Raspberry puree, and less than one percent Buchu Leaf Oil.

The applicable subheading for the “Uber Flavour Craft Ice Tea” beverages will be 2202.99.9000, 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 general 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 the World Wide Web at https://hts.usitc.gov/current.

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 telephone number (301) 575-0156, or at the website 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