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NY 806323




February 9, 1995

CLA-2-22:S:N:N7:232 806323

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060; 2202.90.9090

Mr. Marco A. Castellon
M & M Exports
1002 Navahoe Drive
Silver Spring, MD 20903

RE: The tariff classification of fruit beverages from Bolivia.

Dear Mr. Castellon:

In your letter dated December 8, 1994, with additional information supplied in a letter dated January 23, 1995, you requested a tariff classification ruling.

Your query concerns the classification of nine different flavors of fruit beverage which will be imported from Bolivia in glass bottles each containing 10 ounces (300 milliliters). Each flavor beverage contains water (from 73.185 to 83.220 percent), either fruit pulp or pure fruit juice (6.67 to 16.67 percent), sugar (9.5 or 10 percent), citric acid, sodium benzoate, stabilizers, sorbic acid, sodium eritorbo and colorants. The peach, guava, cherry, apple, quince and tamarind flavors are made from fruit pulp, while the passion fruit, orange and curuba flavors are made from pure fruit juice. A sample of one of the beverages was forwarded with your request, and is being returned herewith.

The applicable subheading for the peach, guava, cherry, apple, quince and tamarind flavors will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009...other...other...other. The duty rate will be 0.3 cents per liter.

The applicable subheading for the passion fruit, orange and curuba flavors will be 2202.10.0060, HTS, which provides for waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored...other. The rate of duty will be 0.3 cents per liter.

Articles classifiable under subheadings 2202.90.9090 and 2202.10.0060, HTS, which are products of Bolivia are entitled to duty free treatment under the Andean Trade Preference Act (ATPA) 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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