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August 13, 1999

CLA-2-22:RR:NC:SP:232 E85269

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.1000

Ms. Margaret Eckert
German Agricultural Marketing Board
34-33 59th Street
Woodside, NY 11377

RE: The tariff classification of a cocoa drink from Germany

Dear Ms. Eckert:

In your letter dated July 27, 1999, on behalf of TURM-Sahne GmbH, Germany, you requested a tariff classification ruling.

A sample labeled “Kakao Drink” was submitted with your request. The subject merchandise is stated to contain skimmed milk, sugar, cocoa powder, salt, stabilizer, carrageenan (E407) and flavor. The product will be imported in glass bottles holding 500 milliliters.

The applicable tariff provision for the “Kakao Drink” will be 2202.90.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for watersÂcontaining added sugar or other sweetening matter or flavored, and other non-alcoholic beveragesÂother: milk-based drinks: chocolate milk drink. The general rate of duty will be 17.5 percent ad valorem.

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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