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July 13, 1999

CLA-2-22:RR:NC:SP:232 E83559

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Ms. Zoraida Guzman
Pascual Dairy, Inc.
2100 Ponce de Leon Blvd.
Suite 1180
Coral Gables, FL 33134

RE: The tariff classification of Pascual Biofruits from Spain

Dear Ms. Guzman:

In your letter received on June 17, 1999, you requested a tariff classification ruling.

You submitted descriptive literature with your request. Samples had been submitted previously. The merchandise in question is “Pascual Biofruits”, a beverage which will be imported retail packaged in 330 ml foil-coated drink boxes. The boxes have an unusual shape; 5 inches tall, with a square top 2 inches per side. The product will be imported in two flavors: Tropical and Mediterranean. Both are produced by adding skimmed milk, fruit juice concentrates, sugar, vitamins, and other ingredients to water and then blending and processing. In addition to water, skimmed milk, sucrose, dextrose, flavorings, and added vitamins C, A, E, and Beta Carotene, the Tropical flavor is said to contain orange, peach, lemon, carrot, pineapple, and acerole concentrates, passion fruit puree, and fibers from apples, peas and soya. The Mediterranean flavor is stated to have pineapple concentrate, mango puree, and saccharose as added ingredients.

The applicable subheading for the Pascual Biofruits 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: OtherÂOther. The rate of duty will be 0.2 cents per liter.

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.

Additional requirements 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, SW 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 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 212-637-7059.

Sincerely,

Robert B. Swierupski
Director,

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