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NY I82068




June 12, 2002

CLA-2-22:RR:NC:SP:232 I82068

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Jim Afarani
Harvest Pacific Foods Inc.
111-1551 Broadway St.
PoCo, BC, Canada, V3C 3N9

RE: The tariff classification of a carbonated yogurt flavored beverages from Canada

Dear Mr. Afarani:

In your letter dated May 16, 2002 you requested a tariff classification ruling.

The subject merchandise is stated to contain 95 percent carbonated water, 4.0 percent total milk solids and 0.9 percent salt, 0.1 percent flavor extracts and cultures. The products will be imported in the following flavors: Dill Yogurt, Wild Cherry Yogurt, Mint Yogurt, Plain Yogurt, Lemon Yogurt and Tart Yogurt. The merchandise is imported as a finished beverage, and packaged for retail sale in bottles holding 18 ounces.

The applicable tariff provision for the Dill Yogurt, Wild Cherry Yogurt, Mint Yogurt and Lemon Yogurt flavored beverages will be 2202.90.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...other...other...other. The general rate of duty will be 0.2 cents per liter

Your inquiry does not provide enough information for us to give a classification ruling on the Tart Yogurt and Plain Yogurt products. Your request for a classification ruling should include samples of each product, and the exact types of flavoring added to the products. Also indicate the value of the individual ingredients. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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