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NY 882792



February 23, 1993

CLA-2-22:S:N:N7:232-882792

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Ms. Julie Liu
Transpacific International Services, Inc. P.O.Box 23988
A.P.O., Richmond, B.C. Canada V7B 1Y2

RE: The tariff classification of an iced coffee drink from Canada.

Dear Ms. Liu:

In your letter dated February 3, 1993, on behalf of YHS Pacific Fruits Concentrated Limited, you requested a tariff classification ruling.

A sample and information were submitted with your letters dated May 22, 1992 and September 2, 1992. The subject merchandise will be produced in two formulations. Formula A is stated to contain 88.28 percent water, 7.20 percent liquid sugar, 2.64 percent full cream milk powder, 1.08 percent coffee powder and small quantities of various other ingredients. Formula B contains 88.10 percent water, 7.20 percent liquid sugar, 2.64 percent full cream milk powder, 1.26 percent coffee powder and small quantities of various other ingredients. The product will be packaged for retail sale in aluminum cans holding 11 fluid ounces.

The applicable subheading for the iced coffee drink will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for waters...containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...other...other...other. The duty rate will be 0.3 cents per liter. Currently, there are no quota restrictions on the importation of this product.

Additional requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:

Food and Drug Administration
Division of Regulatory Guidance
200 C Street, S.W.
Washington,
D.C. 20204

Goods classifiable under subheading 2202.90.9090, HTS, which have originated in the territory of Canada, will be entitled to a 0.1 cents per liter rate of duty under the United States-Canada Free Trade Agreement (FTA) 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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