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NY H85977




December 20, 2001

CLA-2-22:RR:NC:SP:232 H85977

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Mr. Peter W. Klestadt
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
33rd Floor
New York, New York 10167-3397

RE: The tariff classification of “B! Energy Drink” from Hungary

Dear Mr. Klestadt:

In your letter dated December 6, 2001, on behalf of Mika Corporation, you requested a tariff classification ruling.

A photocopy of the product label was included with your request. The subject merchandise is “B! Energy Drink” and is described as a non-alcoholic carbonated beverage. It is stated to contain carbonated water, sugar, taurine, citric acid, caramel color, caffeine, natural and artificial flavors, ascorbic acid, pantothenic acid, pyridoxine hydrochloride (Vitamin B6), biotin and propylene glycol. The product will be imported ready to drink in 250 milliliter glass bottles.

The applicable subheading for the “B! Energy Drink” 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 flavoredCarbonated soft drinksother. The duty rate will be 0.2 cents per liter. The same duty rate will be in effect on January 1, 2002.

Articles classifiable under subheading 2202.10.0040, HTS, which are products of Hungary are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, 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" and then search for the term "T-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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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