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NY A84154




June 11, 1996

CLA-2-22:RR:NC:FC:232 A84154

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.1000

Mr. Dimitri Fraeys de Veubeke
Groupe Lactel
1205 rue Ampere, bureau 101
Boucherville (Quebec) Canada J4B 7M6

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of chocolate milk drinks from Canada; Article 509

Dear Mr. Fraeys de Veubeke:

In your letter dated May 9, 1996 you requested a ruling on the status of chocolate milk drinks from Canada under the NAFTA.

The subject merchandise consists of five types of chocolate milk drink: "Chokeo", a plain chocolate milk drink, which was the subject of NY Ruling 815425 dated October 17, 1995, and chocolate milk drinks in cherry, strawberry, mint and moka flavors. The products are stated to contain approximately 94.689 percent partially skimmed milk, 4.098 percent sugar, 1.20 percent cocoa powder, and small quantities of carrageenan, salt, colors, artificial flavors and vitamins. The partially skimmed milk, salt, colors, artificial flavors and vitamins are products of Canada. The sugar is produced in Australia, Belize or Fuji and refined in Canada. The cocoa powder is a product of Holland and the carrageenan is of United States origin. The chocolate milk drinks are produced in Canada by combining and processing the various ingredients. The merchandise will be imported in retail packages of 6.76 fluid ounces.

The applicable tariff provision for the five chocolate milk drinks will be 2202.90.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...other: milk-based drinks: chocolate milk drink. The general rate of duty will be 19 percent ad valorem.

Each of the non-originating materials used to make the chocolate milk drinks has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/22. The chocolate milk drinks will be entitled to a 4 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director,

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