The tariff classification of Horchata Chufi Drinks from Spain

N095516 March 16, 2010 CLA-2-22:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 2202.10.0060 Ms. Aurora Goderich AB International Brokers, Inc. 15606 SW 111 Ter. Miami, FL 33196 RE: The tariff classification of Horchata Chufi Drinks from Spain Dear Ms. Goderich: In your letter dated February 25, 2010 on behalf of your client, Delicias de Espana of Miami, you requested a tariff classification ruling. You submitted descriptive literature with your request. The subject merchandise is Horchata Chufi drinks in three varieties: Horchata Chufi Original, Horchata Chufi Maestro Horchatero and Horchata Chufi Light. The Horchata Chufi Original is said to contain 80.0 percent water, 9.0 percent sugar, 10 percent tigernut, 0.4 percent E-472c & E-471, 0.1 percent milk protein and 0.1 percent aroma. The Horchata Chufi Maestro Horchatero is said to contain 73.0 percent water, 10.26 percent sugar, 16.0 percent tigernut, 0.5 percent E-472c & E-471, 0.2 percent milk protein, 0.03 percent E-407 & E-451 and 0.01 percent aroma. The Horchata Chufi Light is said to contain 89.50 percent water, 10.0 percent tigernut, 0.4 percent vegetable protein, 0.03 percent E-407, 0.02 percent acesulfame-K and sucralose and 0.01 percent aroma. The drinks are ready to drink and packaged for retail sale in one liter bottles. The applicable subheading for all three varieties of Horchata Chufi Drinks: (Horchata Chufi Original, Horchata Chufi Maestro Horchatero and Horchata Chufi Light), 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 included 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 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 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 telephone number (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