HQ 083940: Classification of drink mix powder

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 083940

                                     July 5,1989

          CLA-2 CO:R:C: G  083940 JGH

          Category: Classification

          Tariff No.: 1701.91.4000

          Mr. Gilbert Gluck
          Cyvex Corp.
          155 Deloraine Ave
          Toronto, Ontario, Canada M5M-2B1

          RE:  Classification of drink mix powder

          Dear Mr. Gluck:

               Your letter of January 17, 1989, concerns the tariff status
          of certain powdered drink mixes under the Harmonized Tariff
          Schedule of the United States (HTSUS).

          FACTS:

               "Powdered Fruit Drink" is said to contain 96 percent by
          weight granulated sucrose, with flavors and color flavors being
          added, such as orange, lemon, grape, peach, cherry, or
          strawberry.

               "B'fast Beverage" is said to contain 92.5 percent by weight
          sucrose, and flavors such as orange, grapefruit or grape. To make
          individual servings, it is suggested that seven ounces of water
          be added to one ounce of the dry powder.

          Issue:

               Classification of the powdered drink mixes under the HTSUS.


























                                         -2-


          LAW AND ANALYSIS:

               Classification under the HTSUS is governed by the General
          Rules of Interpretation (GRI's).  GRI's 1 and 2 pertain to
          classification of merchandise under the particular headings and
          relative Section and Chapter notes. The Explanatory Notes to the
          HTSUS constitute the official interpretation of the various
          provisions at the international level.

               The Explanatory Notes to the heading 2106, "Food
          Preparations Not Elsewhere Specified or Included," state that
          powders which have the character of flavored or colored sugars
          used for the preparation of lemonade and the like fall in heading
          1701 or 1702, as the case may be.  In view of the high sucrose
          content, these beverage mixes would be considered flavored sugars
          classifiable under the provision for cane or beet sugar,
          containing added flavoring matter whether or not containing added
          coloring in subheading 1701.91.4000, HTSUS.  Since these are
          finished mixes, they would not be subject to quota restraints.

          HOLDING:

               The powdered drink mixes described above are classifiable in
          subheading 1701.91.4000, HTSUS.  The rate of duty is 6 percent ad
          valorem.

                                           Sincerely,



                                           John Durant, Director
                                           Commercial Rulings Division





























          6cc N.Y.