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NY A89573

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December 2, 1996

CLA-2-22:RR:NC:2:232 A89573

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.2400; 2202.90.2800

Ms. Sally Yearwood
Commercial Section
American Embassy - Haiti
US Department of State
Washington, DC 20521-3400

RE: The tariff classification of "Mais Laina" from Haiti.

Dear Ms. Yearwood:

In your letter dated October 28, 1996, on behalf of Laiterie Nationale de Haiti, you requested an updated tariff classification ruling.

You referenced NY Ruling Letter number 835343, issued on January 19, 1989. This updated ruling is based on information supplied at the time of your original request. The item in question is "Mais Laina", a vanilla flavored milk-based beverage. It is stated to contain water, milk powder, sugar, anhydrous butter oil, vanilla extract, cornstarch, and traces of lecithin and carrageenan.

The applicable subheading for the "Mais Laina", if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2202.90.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, ...containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...: Other: Milk-based drinks: Other: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The duty rate will be 17.5 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2202.90.2800, HTS, and dutiable at the rate of 26.2 cents per liter plus 16.6 percent ad valorem. In addition, products classified in subheading 2202.90.2800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 to 9904.05.01, HTS.

Articles classifiable under subheading 2202.90.2400, HTS, which are products of Haiti are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

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

A copy of this 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

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See also:

• Tariff No.: 2202.90.24 - Non-alcoholic milk-based drinks (except chocolate), subject to add US note 10 to Ch. 4, not GN15
• Tariff No.: 2202.90.28 - Non-alcoholic milk-based drinks (except chocolate), not subject to gen note 15 or add US note 10 to Ch. 4
• Tariff No.: 9904.04.50 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe. period, under $0.65/kg
• Tariff No.: 9904.05.01 - Dairy prod. in Ch. 4 addl US note 1, in 2202.90.28 entered in quantity safeguard period