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NY B88652




September 5, 1997

CLA-2-22:RR:NC:SP:232 B88652

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Ms. A. Schulze
Designer Food P&S GmbH
Linienstr. 70
40227 Dusseldorf, Germany

RE: The tariff classification of Hemp Soda from Germany or the Netherlands.

Dear Ms. Schulze:

In your letter dated August 14, 1997 you requested a tariff classification ruling.

Samples and technical information were submitted with your request. The product label indicates that the subject merchandise contains carbonated water, sugar, citric acid, grapefruit juice concentrate, sodium citrate, artificial flavor, caramel color, caffeine, gum arabic, hemp essence (from sterilized seed), ester gum, ascorbic acid, pectin and locust bean gum. The product will be packaged for retail sale in metal cans holding 11.1 fluid ounces. It is noted that you are in the process of checking with the Drug Enforcement Agency regarding the use of the hemp extract.

The applicable subheading for the Hemp Soda will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for waters...containing added sugar or other sweetening matter or flavored....Carbonated soft drinks...other. The rate of duty will be 0.3 cents per liter.

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,

Gwenn Klein Kirschner
Chief, Special Products Branch

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