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NY G86606





February 14, 2001

CLA-2-22:RR:NC:SP:232 G86606

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040; 2202.10.0060

Ms. Gisela Rivera
Rivera Trading International, Inc.
665 E 9th Lane
Hialeah, FL 33010

RE: The tariff classification of Beverages from Spain

Dear Ms. Rivera:

In your letter dated January 17, 2001, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is three varieties of non-alcoholic drinks which will be imported ready to drink in 250-ml cans that have pop-top lids. The first product, “Jess”, is described as a carbonated drink and is said to consist of carbonated water, sugar, taurine, glucuronolactone, caffeine, inositol, citric acid, a small quantity of various vitamins, flavors, and colors. The second product, “Big Star”, is described as a carbonated drink and is also said to consist of carbonated water, sugar, taurine, glucuronolactone, caffeine, inositol, citric acid, a small amount of various vitamins, flavors, and colors.

Although the literature makes no statement about its carbonation status, “Power Fruit”, the third product, is understood to be a non-carbonated drink. This is said to contain water, fruit juices from concentrates, sugar, a small quantity of various vitamins, artificial sweeteners, flavors, and stabilizers.

The applicable subheading for the “Jess” and the “Big Star” drinks will be 2202.10.0040, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredCarbonated soft drinks: Other. The rate of duty will be 0.2 cents per liter.

The applicable subheading for the “Power Fruit” drink will be 2202.10.0060, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredOther. 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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