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NY E86804

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September 23, 1999

CLA-2-22:RR:NC:SP:232 E86804

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.2400; 2202.90.2800

Mr. Michael S. Shin
Lee Company
137 Eucalyptus Drive
El Segundo, CA 90245

RE: The tariff classification of “Saecomi” from the Republic of Korea

Dear Mr. Shin:

In your letter dated August 23, 1999, on behalf of Sung Bu America Inc., you requested a tariff classification ruling.

The subject merchandise is stated to contain 13.50 percent high fructose corn syrup, 4.20 percent skim milk preparation (powdered milk), 2.90 percent sugar, 0.80 percent glucose, 0.01 percent artificial yogurt flavor and 78.59 percent water. The product will be imported in shrrink wrapped polystylene bottles with a net content of 2.98 fluid ounces.

The applicable subheading for the “Saecomi”, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2202.90.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for watersand other non-alcoholic beveragesother: milk-based drinksother: Described in additional U.S. note 1 to chapter 4: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 17.5 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2202.90.2800, HTS, and dutiable at the rate of 24.2 cents per liter plus 15.3 percent ad valorem. In addition, products classified in subheading 2202.90.2800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 to 9904.04.58, HTS.

Your request does not provide enough information for us to give a classification ruling on the subject merchandise without the powdered milk ingredient. Your request for a classification ruling should include the percentage by weight of all ingredients in the product.

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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See also:

• Tariff No.: 2202.90.24 - Non-alcoholic milk-based drinks (except chocolate), subject to add US note 10 to Ch. 4, not GN15
• Tariff No.: 2202.90.28 - Non-alcoholic milk-based drinks (except chocolate), not subject to gen note 15 or add US note 10 to Ch. 4
• Tariff No.: 9904.04.50 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe. period, under $0.65/kg
• Tariff No.: 9904.04.58 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe period, $2.25/kg or more