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NY F81309





January 7, 2000

CLA-2-22:RR:NC:SP:232 F81309

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.1000; 2202.90.2400; 2202.90.2800

Mr. Louis de Bellefeuille
Natrel Inc.
333 Lebeau Boulevard
Saint-Laurent, Quebec, Canada H4N 1S3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of flavored milk drinks from Canada; Article 509

Dear Mr. Bellefeuille:

In your letter dated December 20, 1999 you requested a ruling on the status of flavored milk drinks from Canada under the NAFTA.

Samples were submitted with your request. The subject merchandise consists of three flavored milk drinks, which are labeled “Natrel Moustache.” The chocolate milk is stated to contain 58.99 percent milk, 35.88 percent sugar, 5.02 percent cocoa, color and salt, 0.11 percent carrageenan, and various vitamins. The milk and carrageenan are produced in Canada. The sugar is from Australia, Belize or Guatemala, and the cocoa, color and salt are from Canada, the U.S., Holland, Brazil or China. The café au lait milk is stated to contain 58.27 percent milk, 36.17 percent sugar, 3.81 percent powdered coffee blend flavor, 0.86 percent color, 0.56 percent sodium citrate, 0.29 percent carrageenan, 0.04 percent artificial flavor, and vitamins. The milk, powdered coffee blend flavor and the carrageenan are from Canada. The sugar is from Australia, Belize or Guatemala. The color and sodium citrate are from the U.S., and the artificial flavor is from Italy. The vanilla milk contains 63.81 percent milk, 35.12 percent sugar, 0.96 percent carrageenan, 0.11 percent artificial flavor and color, and vitamins. The milk and the artificial flavor and color are from Canada. The sugar is from Australia, Belize or Guatemala, and the carrageenan is from the U.S. or Canada. The vitamins in all of the products are from the U.S., Canada, Germany or Switzerland. The flavored milk drinks are packaged for retail sale in 375 milliliter plastic bottles. It is our understanding that the milk drinks are produced in Canada by combining and processing the various ingredients.

The applicable tariff provision for the chocolate flavored milk drink will be 2202.90.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for waterscontaining added sugar or other sweetening matter or flavored, and other non-alcoholic beveragesother: milk-based drinks: chocolate milk drink. The general rate of duty will be 17 percent ad valorem.

The applicable subheading for the café au lait flavored milk drink and the vanilla flavored milk drink, 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 23.5 cents per liter plus 14.9 percent ad valorem..

Each of the non-originating materials used to make the flavored milk drinks has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/22. The chocolate milk drink will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. The café au lait and the vanilla milk drinks will be entitled to a free rate of duty under the NAFTA, when they are classified under subheading 2202.90.2400, HTS, upon compliance with all applicable laws, regulations, and agreements.

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.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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