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NY A84462




June 18, 1996

CLA-2-22:RR:NC:FC:232 A84462

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Ms. Florenda Pedron
Florenda Pedron Customs Brokers
147-39 175th Street Ste. 202
Jamaica, New York 11434

RE: The tariff classification of Panax Ginseng Drink from China.

Dear Ms. Pedron:

In your letter dated June 3, 1996, on behalf of Emporium Import & Export, Inc., you requested a tariff classification ruling.

A sample was included with your request. The product is stated to contain 1 ginseng root, water, 8 percent sucrose, 3 percent a-D-Fructose, 1 percent D-sorbitol, 0.06 percent sodium benzoate, 0.06 percent citric acid, 0.1 percent DL malic acid, 0.0002 percent riboflavin, 0.03 percent glycine, 0.02 percent L-ascorbic acid, 0.0067 percent nicotinamide, 0.0067 percent calcium pantothanate. The product will be imported in glass bottles holding 4.2 ounces.

The applicable subheading for the Panax 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.

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

Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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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