The tariff classification of Oral Rehydration Solution from Argentina

N264836 June 15, 2015 CLA-2-22:OT:RR:E:NC:232 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Gustavo Souss Fast Rehydration LLC 951 Brickell Avenue Suite 3005 Miami FL 33131 RE: The tariff classification of Oral Rehydration Solution from Argentina Dear Mr. Souss: In your letter dated May 18, 2015, you requested a tariff classification ruling. You provided a copy of the intended label and a photographic representation of the product. The subject merchandise Kinder-Lyte™ Oral Rehydration Solution with Encapsulated Nano-Electrolytes is a ready-to-drink beverage specifically designed to provide rehydration for children under 12 years of age experiencing dehydration as a result of diarrhea. The stated ingredients are water, high fructose corn syrup, citric acid, sodium benzoate, soy lecithin, sodium chloride, potassium citrate, natural and artificial flavor, sodium citrate and sucralose. The product will be imported in ready-to-drink containers that are 20 fluid ounces (591 ml). The applicable subheading for Kinder-Lyte™ Oral Rehydration Solution with Encapsulated Nano-Electrolytes 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 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 and Country of Origin. You did not submit a sample nor did you pose a specific question on the latter issue. 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 Argentina 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 Frank Troise at frank.l.troise@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division