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NY G81823

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September 15, 2000

CLA-2-22:RR:NC:SP:232 G81823

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.2400; 2202.90.2800

Mr. Manuel Ramos Gandia
US Customs Broker
PO Box 9066613
San Juan, PR 00906-6440

RE: The tariff classification of “Colcafe” from Colombia

Dear Mr. Ramos Gandia

In your letter dated August 29, 2000, on behalf of Boricua Empaque, Inc., of San Juan, Puerto Rico, you requested a tariff classification ruling.

You submitted descriptive literature, product samples, and specifications with your request. The merchandise in question is “Colcafe”, a beverage that is stated to consist of 93.18 percent whole milk, 6.4 percent sugar, and traces of coffee and other flavors and thickeners. It will be imported retail packaged in 200-ml drink boxes.

The applicable subheading for the “Colcafe”, 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 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: Other: Milk based drinks: Other: 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. 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.

Articles classifiable under subheading 2202.90.2400, HTS, which are products of Colombia may be entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

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