The tariff classification and marking of Red Bull Energy Shots from Austria

N067161 July 27, 2009 CLA-2-22:OT:RR:E:NC:232 CATEGORY: Classification TARIFF NO.: 2202.10.0060 Ms. Carol Kreps Omitrans Corp., Ltd. 167-16 146th Avenue Jamaica, NY 11434 RE: The tariff classification and marking of Red Bull Energy Shots from Austria Dear Ms. Kreps: In your letter dated July 1, 2009, on behalf of your client, Red Bull Service GMBH, you requested a ruling regarding tariff classification and marking of Red Bull Energy Shots from Austria. Samples were submitted with your original request; they were reviewed and destroyed. The subject merchandise consists of two products: “Red Bull Energy Shots Regular” and “Red Bull Energy Shots Sugar Free.” “Red Bull Energy Shots Regular” is said to contain water, sucrose, glucose, taurine, citric acid, sodium citrate, caffeine, glucuronolactone, inositol, niacinamide, calcium pantothenate, pyridoxine HCl, vitamin B12, sucralose, ascorbic acid, natural and artificial flavors and coloring. “Red Bull Energy Shots Sugar Free” is said to contain water, taurine, citric acid, sodium citrate, caffeine, glucuronolactone, inositol, niacinamide, calcium pantothenate, pyridoxine HCl, vitamin B12, sucralose, ascorbic acid, natural and artificial flavors and coloring. Both of these products are made in Austria and will be imported in 2 fluid ounce PET bottles to be sold to retail stores and outlets. The applicable subheading for the “Red Bull Energy Shots Regular” and “Red Bull Energy Shots Sugar Free” will be 2202.10.0060, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored…Other. The duty rate will be 0.2 cents per liter. With regard to country of origin marking requirements, the following is provided as general information: The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S., the English name of the country of origin of the article (e.g., "Product of Austria"). 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 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 Frank Troise at (646) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division