The tariff classification of Missile Energy Drink from Poland

N238834 March 14, 2013 CLA-2-22:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Pedro Benito Morelo World Group S.L. Pso. Castellan, 259-C Torre de Cristal, Madrid 28046 RE: The tariff classification of Missile Energy Drink from Poland Dear Mr. Benito: In your letter dated February 22, 2013, you requested a tariff classification ruling. You provided a copy of the photographic representation of the product. The subject merchandise Missile Energy Drinks is ready-to-drink beverage composed of water, sugar, citric acid, sodium citrate, carbon dioxide, taurine, aroma, caffeine, inositol, sulfite, ammonia caramel and vitamins. You state that the product has a high caffeine content (32mg/100ml), therefore rendering it unsuitable for children, pregnant women, nursing mothers and those sensitive to caffeine or suffering from hypertension or heart disease. The product is intended for those participating in increased physical or mental activities. The applicable subheading for Missile Energy Drink 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 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. In your letter, you requested a determination on the marking of the product. You did not submit a sample and the writing on photographic presentation you submitted was unreadable. However, please note that when the item is imported into the United States, the product label and all information delivered on it must be written in the English language according to Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) which 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 (CFR Part 134). Additionally, please refer to Title 21 CFR, subchapter B for the Food & Drug Administration Food Labeling Guidance & Regulatory Information. Additionally, you made a request in your submission for the applicability of an unspecified Free Trade Agreement to your product for preferential treatment. We are unable to make that determination since Poland is not part of any trade agreement programs. 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Thomas J. Russo Director National Commodity Specialist Division