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NY 885327




CLA-2-22:S:N:N7:232-885327

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Eui Man Kim
150 Broadway
New York, N.Y. 10038

RE: The tariff classification of a soft drink from Korea.

Dear Mr. Kim:

In your letter dated April 16, 1993, on behalf of Seoul Shik Poom, Inc., you requested a tariff classification ruling.

Samples and information were submitted with your initial request dated March 16, 1993. The subject merchandise is stated to contain 18.7285 percent non-fat milk (containing approximately 1.60 percent milk solids), 9.5565 percent fructose corn syrup, 7.1104 percent sugar, 1.6703 percent powdered non-fat milk, 0.5843 percent glucose, 0.4469 percent fructo oligo sugar, 0.0861 percent flavor, 0.0190 percent vitamin C and 61.7980 percent water. The product will be packaged for retail sale in small plastic bottles with foil lids.

The applicable subheading for the soft drink will be 2202.90.9090, 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...other...other. The rate of duty will be 0.3 cents per liter. Currently, there are no quota restrictions on this product.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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