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NY H87193




February 8, 2002

CLA-2-22:RR:NC:SP:232 H87193

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.3700

Ms. Cheryl Ellsworth
Harris Ellsworth & Levin
The Watergate
2600 Virginia Avenue NW, Suite 1113
Washington, DC 20037-1905

RE: The tariff classification of Vegetable Juice from the Dominican Republic

Dear Ms. Ellsworth:

In your letter dated January 15, 2002, on behalf of Empresas La Famosa, Inc., you requested a tariff classification ruling.

A sample was submitted with your request. Information was submitted with your initial request dated December 13, 2001. The subject merchandise is described as a vegetable juice. It is stated to contain water, tomato paste (30 Brix), vegetable base concentrate (carrot, celery, beet, parsley, lettuce, watercress, spinach juice, vinegar and salt) and additional salt. The product is fortified with ascorbic acid (Vitamin C). It will be packaged in both 12 ounce and 46 ounce cans. The merchandise is ready-to-drink, and does not require dilution.

The applicable subheading for the vegetable juice will be 2202.90.3700, 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: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Mixtures of juices. The duty rate will be 0.2 cents per liter.

Articles classifiable under subheading 2202.90.3700, HTS, which are products of the Dominican Republic may be entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) 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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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