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NY 883167



March 9, 1993

CLA-2-22:S:N:N7:232-883167

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Steven Hong
Koryeo International Corp.
200 Stewart Avenue
Brooklyn, New York 11237

RE: The tariff classification of Sangaria Yogaria Nomigoro from Japan.

Dear Mr. Hong:

In your letter dated May 13, 1992, which was received March 2, 1993, you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise is described as a soft drink and is stated to contain 83.5 percent water, 9.5 percent corn syrup, 3.2 percent powdered non-fat milk, 2.8 percent origomerized maltose, 0.5 percent pectin, 0.4 percent yogurt flavor and 0.1 percent citric acid. The product will be packaged for retail sale in small plastic containers.

The applicable subheading for the Sangaria Yogaria Nomigoro 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 rate of duty will be 0.3 cents per liter.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), 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 (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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

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