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NY 852574

MAY 23 1990

CLA-2-22:S:N:N1:232-852574

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Roman E. Longoria, Jr.
International Consulting
P.O. Box 578
McAllen, Texas 78502

RE: The tariff classification of fruit flavored beverages from Mexico.

Dear Mr. Longoria:

In your letter dated May 7, 1990, on behalf of Empacadora de Frutas y Jugos, S.A. de C.V., Ecatepec, Edo. de Mexico, you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise consists of a strawberry flavored beverage and a peach flavored beverage. The strawberry beverage is stated to contain the following ingredients: 50 percent water, 25 percent strawberry pulp, 11.3 percent sugar, 2.16 percent non-fat dried milk, 0.03 percent potassium sorbate, and small quantities of various other ingredients. The peach beverage contains: 50 percent water, 30 percent peach pulp, 8.2 percent sugar, 1.8 percent non-fat dried milk, 0.03 percent potassium sorbate, and small quantities of various other ingredients. These products will be imported ready for consumption in plastic containers.

The applicable subheading for the strawberry and the peach flavored beverages will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for waters...and other nonalcoholic beverages...other...other...other. The duty rate will be 0.3 cents per liter. Currently, these products are not subject to any dairy quotas.

Articles classifiable under subheading 2202.90.9090, HTS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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