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NY B81278




February 6, 1997

CLA-2-22:RR:NC:SP:232 B81278

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060

Mr. Nayyer Pervez
Prime Fibers International
2510 Ocean Parkway, #7-D
Brooklyn, NY 11235

RE: The tariff classification of Fruit Drinks from Thailand.

Dear Mr. Pervez:

In your letter dated January 8, 1997, you requested a tariff classification ruling.

You submitted samples with your request. The merchandise in question is a fluid said to consist of a mixture of water, sugar, fruit juice, and citric acid. The samples were flavored with 25 percent strawberry, pineapple, lychee or orange juice, but your follow-up fax indicated that the imported products will contain only 15 percent fruit juice. There are said to be no added vitamins, minerals or alcohol in these products. These drinks are packed in small plastic bottles containing 200 cubic centimeters each.

The applicable subheading for the fruit drinks will be 2202.10.0060, 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, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored...Other. The rate of duty will be 3 cents per liter.

Articles classifiable under subheading 2202.10.0060, HTS, which are products of Thailand are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Although the samples submitted were not legally marked as to country of origin or nutritive value of the drinks, you stated in a telephone conversation and subsequent fax that steps were being taken to correct this problem. Remember that the marking must state that the drinks are "Made in Thailand" or are a "Product of Thailand".

You said that future labels would contain the proper nutritional information as well as be printed solely in English rather than in a mixture of English and Thai as are the samples. If you have any questions about additional requirements which 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 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,

Gwenn Klein Kirschner

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