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NY H81165




June 4, 2001

CLA-2-22:RR:NC:SP:232 H81165

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

RE: The tariff classification of “Pitbull” Beverage from the Netherlands or Brazil

In your letter dated May 5, 2001, on behalf of the North American Beverage Company, you requested a tariff classification ruling.

You submitted descriptive literature and label samples with your request. The subject merchandise is “Pitbull” beverage, which is described as a carbonated energy drink. It will be imported in 250-ml aluminum cans. This product is said to be composed of carbonated water, glucose syrup, taurine, caffeine, glucoronolacton, inosit, citric acid, pantothenic acid, and a small variety of vitamins and flavors.

The applicable subheading for the “Pitbull” beverage 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 duty rate will be 0.2 cents per liter.

Articles classifiable under subheading 2202.10.0040, HTS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of

Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "GSP".

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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