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HQ 087415


August 16, 1990

CLA-2 CO:R:C:G 087415 RFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.6072

Mr. Roman E. Longoria, Jr.
International Consulting
P.O. Box 578
McAllen, TX 78052

RE: Revocation of Headquarters Ruling Letter 086452

Dear Mr. Longoria:

In Headquarters Ruling Letter (HRL) 086452, dated May 8, 1990, we advised you that New York Ruling Letter (NYRL) 829540, dated May 19, 1988, and issued in response to your request for a binding tariff classification ruling concerning an artificially flavored grape concentrate product was revoked and that the product is properly classified under subheading 2106.90.50, HTSUSA and, consequently, subject to the quota restrictions of subheading 9904.60.60, HTSUSA. The artificially flavored grape concentrate product which was the subject a classification ruling in NYRL 829540 is said to contain 56 percent sugar, 42.15 percent water, 1.13 percent artificial flavor, 0.45 percent citric acid, 0.12 percent malic acid, 0.10 percent sodium benzoate, and 0.05 percent tartaric acid.

Upon review and reconsideration, we have determined that HRL 086452 was issued to you in error because NYRL 829540 properly and correctly classified the above-described product under subheading 2106.90.6072, which provides for food preparations not elsewhere specified or included, other, other, other, other, other, preparations for the manufacture of beverages, containing sugar derived from sugar cane and/or sugar beets.

In light of the above, HRL 086452 is hereby revoked, and NYRL 829540 is hereby reinstated insofar as it classified the above-mentioned artificially flavored grape concentrate product under subheading 2106.90.6072, HTSUSA. See 19 CFR 177.9(d).

Sincerely,

John Durant, Director
Commercial Rulings Division

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