The tariff classification of various flavors of Electrolit (Electrolyte) Beverages from Mexico

N237947 February 13, 2013 CLA-2-22:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Ms. Nina Navarro Tippcon LLC 500 W. Overland Avenue Suite 300 El Paso, TX 79901 RE: The tariff classification of various flavors of Electrolit (Electrolyte) Beverages from Mexico Dear Ms. Navarro: In your letter dated January 26, 2013, you requested a tariff classification ruling. You provided products labels, a breakdown of component materials and samples of the products. The subject products are Electrolit Strawberry, Electrolit Coconut and Electrolit Orange-Mandarin. You state in your letter that according to the manufacturer, “Electrolit” brand beverages are a glucose infused rehydrating solution to replenish liquids, prevent and treat electrolyte imbalances caused by hyperthermia, intense physical workout, heatstroke, hangovers, and dehydration resulting from diarrhea and vomiting. The ingredients are water, glucose, lactic acid, potassium chloride, sodium hydroxide, magnesium chloride, calcium chloride, acesulfame potassium, sucralose and coloring. All subject merchandise will be imported in ready-to-drink containers that are 21 fluid ounces (625 ml). The applicable subheading for the various flavors of Electrolit (Electrolyte) Beverages will be 2202.90.9090, 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 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 ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).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.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 Paul Hodgkiss at (646) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division