The tariff classification of “eNZANADU Natural Drink, Berry Good Night”, and eNZANADU Natural Drink, Good Morning Peach” from Japan

NY F87914 June 19, 2000 CLA-2-22:RR:NC:SP:232 F87914 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Ms. Yoko Tahara Enzamin USA, Inc. 6807-E N.E. 79th Court Portland, OR 97218 RE: The tariff classification of “eNZANADU Natural Drink, Berry Good Night”, and eNZANADU Natural Drink, Good Morning Peach” from Japan Dear Ms. Tahara: In your letter dated May 23, 2000 you requested a tariff classification ruling. Samples were submitted with your request. “eNZANADU Natural Drink, Berry Good Night” is stated to contain sorbitol, sugar, bacillus natto from cultured soybeans, collagen, ascorbic acid, malic acid, caramel, green tea extract, natural flavors, salt, citric acid, lactic acid and valerian. “eNZANADU Natural Drink, Good Morning Peach” contains sorbitol, sugar, bacillus natto from cultured soybeans, collagen, ascorbic acid, malic acid, caramel, green tea extract, natural flavors, salt, citric acid lactic acid and ginkgo. The products will be imported ready-to-drink in 1.8 fluid ounce glass bottles with screw-off caps. The applicable subheading for the “eNZANADU Natural Drink, Berry Good Night” and the “eNZANADU Natural Drink, Good Morning Peach” will be 2202.90.9090, 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…other…other. The rate of duty will be 0.2 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). 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 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, SW 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 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 212-637-7059. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division