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NY D84959




December 18, 1998

CLA-2-22:RR:NC:SP:232 D84959

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Louis W. Salmina
Icon Foods, LLC
3108 A Laurel Avenue
Manhattan Beach, CA 90266

RE: The tariff classification of Coffee-Flavored Drinks from Thailand.

Dear Mr. Salmina:

In your letter dated November 17, 1998, you requested a tariff classification ruling.

You submitted descriptive literature and samples with your request and with a subsequent fax. The products in question are coffee-flavored beverages in two formulations. Both will be imported in 180 milliliter cans. The first item, product MIC3, is said to contain 88.74 percent water, 8 percent sugar, 1.75 percent coffee, 1.3 percent whey protein, 0.75 percent milk, and traces of flavors, stabilizers, and colors. The second item, product MIC5, is stated to consist of 86.44 percent water, 10 percent sugar, 1 percent coffee, 2 percent milk, and traces of flavors, stabilizers, and colors.

The applicable subheading for both beverages, MIC3 and MIC5, 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 duty rate will be 0.2 cents per liter.

Articles classifiable under subheading 2202.90.9090, 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.

Additional requirements may be imposed on these products 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,

Robert B. Swierupski

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