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NY G81366




September 18, 2000

CLA-2-22:RR:NC:SP:232 G81366

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Stephen DeCastro
All-Ways Forwarding International Inc.
701 Newark Avenue
Suite 300
Elizabeth, NJ 07208

RE: The tariff classification of Organic Oat & Rice Drink from Belgium

Dear Mr. DeCastro:

In your letter dated August 31, 2000, on behalf of World Finer Foods Inc., you requested a tariff classification ruling.

A sample was included with your request. The subject merchandise is stated to contain 86 percent water, 8 percent rice powder, 3 percent oat powder, 1 percent safflower oil, 1 percent raw cane sugar and 1 percent natural vanilla flavor. The product will be packaged for retail sale in aseptic packing holding 1000 milliliters.

The applicable subheading for the Organic Oat & Rice Drink 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: otherotherother. 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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