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NY A87245




September 9, 1996

CLA-2-22:RR:NC:FC:232 A87245

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

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 fruit flavored drinks from Canada; Article 509

Dear Mr. de Veubeke:

In your letter dated August 15, 1996 you requested a ruling on the status of fruit flavored drinks from Canada under the NAFTA.

Information was submitted with your initial request dated May 16, 1996. The subject merchandise consists of orange, strawberry, grape and apricot flavored drinks with low fat milk added. The products contain 73.8 to 79.4 percent water, 9.2 to 15.2 percent low fat milk, 5.7 to 8.0 percent sugar, 1.3 to 2.6 percent dextrose, 1.2 to 1.4 percent juice concentrate, 1.0 to 2.6 percent flavor mix (dextrose, artificial fruit flavor, pectin, artificial and/or natural color, citrate sodium), and 0.2 percent citric acid. The milk solids in the drinks range from 0.82 percent to 1.36 percent. The sugar is from Australia, Belize or Fiji. The apple concentrate is from Argentina, the apricot concentrate and the strawberry concentrate are from the Netherlands. The dextrose, orange concentrate, grape concentrate and citric acid are from the United States. The various flavor mixes (orange, apricot, grape and strawberry), grape color, grape flavor, water and milk are from Canada. The fruit flavored drinks are produced in Canada by combining and processing the various ingredients.

The applicable tariff provision for the fruit flavored drinks will be 2202.90.9090, 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...other...other. The general rate of duty will be 0.3 cents per liter.

Each of the non-originating materials used to make the fruit flavored drinks has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/22. The fruit flavored drinks will be entitled to a free 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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