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NY I84414




July 29, 2002

CLA-2-22:RR:NC:SP:232 I84414

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Antonio Rosa
Miguel A. Santos CHB
Air Land Sea-Ways
PO Box 9021253
San Juan, PR 00902-1253

RE: The tariff classification of Fruit Nectar from Germany

Dear Mr. Rosa:

In your letter received July 19, 2002, on behalf of B. Fernandez & Hermanos, Inc. of Bayamon, Puerto Rico, you requested a tariff classification ruling.

You submitted descriptive literature and photographs of product labels with your request. The subject merchandise is described as fruit nectars that will be imported in 33.8-ounce glass jars for retail sale. The pineapple nectar is said to contain water, 45 percent pineapple juice concentrate, 5 percent pineapple purée, sugar, lemon juice, pectin and ascorbic acid. The orange nectar is stated to consist of 55 percent orange juice concentrate, 5 percent orange pulp, water, and sugar.

The applicable subheading for the pineapple nectar and the orange nectar will be 2202.90.9090, 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: OtherOther. The rate of duty will be 0.2 cents per liter.

The Food and Drug Administration may impose additional requirements on these products. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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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