The tariff classification of drink mixes from Chile

N175915 August 15, 2011 CLA-2-17:OT:RR:NC:2:232 CATEGORY: Classification TARIFF NO.: 1702.30.4080 Ms. Rosie Lara Arias Logistics 543 B. Americas Ave. El Paso, TX 79907 RE: The tariff classification of drink mixes from Chile Dear Ms Lara: In your letter dated July 18, 2011, on behalf of Corpora Tres Montes, S.A., Santiago, Chile, you requested a tariff classification ruling. Samples and ingredients breakdowns for three products were submitted with your letter. The samples were examined and returned. The products are powdered drink mixes, packed for retail sale in pouches containing 20 grams (0.7 ounce), net weight. The product is designed to be dissolved and mixed with water to make a beverage. Zuko brand Durazino-Peach is said to contain sugars: (dextrose 69.69 percent, sucrose 9.00 percent), acidulants 13.40 percent, stabilizing agent: 2.80 percent Arabic gum, sweeteners: (Aspartame 1.33 percent, Aceulfame-K 0.80 percent), cloud agent 1.00 percent, anticaking 1.00 percent and less than 1 percent of the following: flavors, ascorbic acid, natural and artificial colors. Zuko brand Melón-Cantaloupe is said to contain sugars: (dextrose 76.32 percent, sucrose 9.00 percent), acidulants 5.00 percent, flavors 2.80 percent, sweeteners: (Aspartame 2.00 percent, Acesulfame-K 0.70 percent), stabilizing agent: (cellulose gum 1.50 percent, guar gum 0.50 percent), Anticaking 1.00 percent and less than 1 percent of the following: cloud agent, ascorbic acid, artificial and natural caramel colors. Zuko brand Fruit Punch is said to contain sugars: (dextrose 68.87 percent, sucrose 9.00 percent), acidulants 14.00 percent, stabilizing agent: (Arabic gum 3.00 percent, cellulose gum 0.90), sweeteners: (Aspartame 1.10 percent, Acesulfame-K 0.80 percent), anticaking 1.00 percent and less than 1 percent of the following: flavors, artificial colors, ascorbic acid and cloud agent. In your letter, you suggested that the three products should be classified in subheading 1702.30.4080, Harmonized Tariff Schedule of the United States (HTSUS), the provision for glucose not containing fructose or containing in the dry state less than 20 percent by weight of fructose. We agree with your proposal. The applicable subheading for the Zuko Durazino-Peach, Zuko Melón-Cantaloupe and Zuko Fruit Punch will be 1702.30.4080, HTSUS, which provides for other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form…glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 percent by weight of fructose…other…other. The rate of duty will be 2.2 cents per kilogram. 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