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NY I83744





July 1, 2002

CLA-2-21:RR:NC:2:228 I83744

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9972; 3303.00.1000

Mr. Martin K. Behr III
Ferrara International Logistics, Inc.
460 Hillside Avenue
Hillside, NJ 07205

RE: The tariff classification of flavored syrups and floral waters from Lebanon

Dear Mr. Behr:

In your letter dated June 10, 2002, on behalf of European Mediterranean Importing Company, Inc., Jersey City, NJ, you requested a tariff classification ruling.

Samples, submitted with your letter, were examined and disposed of. Grenadine Syrup and Rose Syrup are red-colored liquids, packed for retail sale in glass bottles containing 570 milliliters. Both are composed of sugar, flavor (grenadine extract for the former and natural rose flavor for the latter), citric acid, and color. The syrups will be used to prepare a flavored beverage, after mixing with water. Rose Water (Maward) and Orange Blossom Water (Mazaher) are clear liquids packed for retail sale in glass bottles containing 300 milliliters. The sole ingredient in both is distilled rose water or distilled bitter orange blossom water, respectively.

The applicable subheading for the Grenadine Syrup and Rose Syrup will be 2106.90.9972, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherpreparations for the manufacture of beverages containing sugar derived from sugar cane and/or sugar beets. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the Rose Water and the Orange Blossom Water will be 3303.00.1000, HTS, which provides for perfumes and toilet watersnot containing alcoholfloral or flower waters. The duty rate will be free.

Articles classifiable under subheading 2106.90.9972, HTS, which are products of Lebanon 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", click on “Files”, click on “Search” and then enter a key word search for the term "T-GSP".

Your inquiry does not provide enough information for us to give a classification ruling on the Mulberry Syrup. Your request for a classification ruling should include a complete ingredients breakdown, by weight, and clarification regarding the identity of the “mulberry” ingredient. Is this component of the syrup a single strength or concentrated juice (if the latter, state the Brix), a puree, an extract, etc? When this information is available, you may wish to consider resubmission of your request. The sample of this product will be retained with the National Import Specialist for thirty (30) days, pending receipt of the above information.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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