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NY I80540




April 26, 2002

CLA-2-22:RR:NC:SP:232 I80540

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.3600

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

RE: The tariff classification of tomato juice from the Dominican Republic

Dear Ms. Ellsworth:

In your letter dated Aprill 11, 2002, on behalf of Empresas La Famosa, Inc., you requested a tariff classification ruling.

The subject merchandise is stated to contain water, tomato paste, salt and ascorbic acid (Vitamin C). The ingredients are mixed, preheated, homogenized and pasteurized. The product is packaged in both 12 ounce and 46 ounce cans. The tomato juice is potable in its imported condition.

The applicable subheading for the tomato juice will be 2202.90.3600, 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: Juice of any single fruit or vegetable. The duty rate will be 0.14 cents per liter.

Articles classifiable under subheading 2202.90.3600, 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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