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NY F85828




April 26, 2000

CLA-2-22:RR:NC:SP:232 F85828

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Ms. Maureen Spektor Bell
Liberty Richter
400 Lyster Avenue
Saddle Brook, New Jersey 07663-5910

RE: The tariff classification of Apollinaris Big Apple from Germany

Dear Ms. Bell:

In your letter dated April 6, 2000 you requested a tariff classification ruling.

Samples and information were submitted with your initial request dated March 7, 2000. The product label indicates that the subject merchandise contains 60 percent apple juice. The listed ingredients include sparkling mineral water, concentrated apple juice, citric acid, natural apple flavor, and a preservative. The brix of the finished product is approximately 7.1 degrees. The product will be imported in glass bottles holding 750 milliliters.

The applicable subheading for the Apollinaris Big Apple 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 beveragesotherotherother. The rate of duty will be 0.2 cents per liter.

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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