The tariff classification of X-Energy Drink from Germany

N249078 January 24, 2014 CLA-2-22:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 2202.10.0040 Ms. Lisa Muresan Bowier Distribution Center LLC 831 S. Webster Avenue Suite 7 Anaheim, CA 92804 RE: The tariff classification of X-Energy Drink from Germany Dear Ms. Muresan: In your letter dated December 23rd, 2013, you requested a tariff classification ruling. The subject product X-Energy Drink is a ready to drink beverage composed of water, sugar, dextrose, citric acid, carbonic acid, sodium citrate, coffee, taurine, glucuronolactone, flavorings, coloring, inositol, niacin, pantothenic acid, vitamins B6 and vitamins B12. The product will be imported in 250 milliliter cans. The applicable subheading for the X-Energy Drink will be 2202.10.0040, 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: Carbonated soft drinks…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. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division