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NY D80908




August 18, 1998

CLA-2-22:RR:NC:SP:232 D80908

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060; 2202.90.9090

Mr. Peter D. Alberdi
A.J. Arango, Inc.
1516 E. 8th Avenue
Tampa, FL 33605

RE: The tariff classification of Beverages from France.

Dear Mr. Alberdi:

In your letter dated July 27, 1998, on behalf of Tropical Products of Lakeland, Florida, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is four varieties of beverage which will be imported packaged for retail sale. The first product, "Fruite Energy Drink" is said to contain 50 percent fruit juice from concentrate (orange, apple, grapefruit, pineapple, grape, peach, lemon, passion fruit, banana, mango, guava, kiwi, apricot, papaya), water, high fructose corn syrup, flavors and vitamins. The second product is "Fruite Peach Tea", which is stated to consist of water, high fructose corn syrup, citric acid, tea, and peach juice (3 percent). The third item is "Fruite Lemon Tea", which is described as containing water, high fructose corn syrup, citric acid, tea, and lemon juice (3 percent). All three of these products will be imported in 11.2 ounce containers.
The last product is "Fruite Expresso Frappe", a coffee-based drink which is packaged in five ounce, single serving containers.

The applicable subheading for the "Fruite Peach Tea" and the "Fruite Lemon Tea" 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 0.2 cents per liter.

The applicable subheading for the "Fruite Energy Drink" will be 2202.90.9090, 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: Other: Other...Other. The rate of duty will be 0.2 cents per liter.

Your inquiry does not provide enough information for us to give a classification ruling on the "Fruite Expresso Frappe". Your request for a classification ruling should include a breakdown of ingredients by percent of total weight by volume. Specifically, how much of the product is dry milk solids?

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,

Robert B. Swierupski

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