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NY 808078




March 23, 1995

CLA-2-22:S:N:N7:232 808078

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Jeffrey Boehner
Lee Yuen Fung Trading Co., Inc.
125-127 West 29th Street
New York, NY 10001

RE: The tariff classification of Korean Ginseng Drink With Root or Korean Ginseng Drink from Korea.

Dear Mr. Boehner:

In your letter dated March 14, 1995 you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise is stated to contain one piece of Korean ginseng root, water, 8 percent sucrose, 3 percent D-fructose, 0.6 percent citric acid, 0.1 percent DL malic acid, 0.0002 percent riboflavin, 0.03 percent glycine, 1 percent D-sorbitol and small quantities of various other ingredients. The product will be imported in glass bottles holding 4.2 ounces. It is assumed that both product designations contain the piece of the root.

The applicable subheading for the Korean Ginseng Drink With Root or Korean Ginseng Drink 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...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
Area Director
New York Seaport

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