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NY I87217

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October 28, 2002

CLA-2-22:RR:NC:SP:232 I87217

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.2400; 2202.90.2800

Mr. Howard Scheckner
BMS Distribution, Inc.
1899 Oak Branch Drive
Sarasota, Florida 34232

RE: The tariff classification of Yogurt Drinks from the Netherlands

Dear Mr. Scheckner:

In your letter dated October 7, 2002 you requested a tariff classification ruling.

Additional information was submitted in your fax received October 22, 2002. The subject merchandise consists of two products: Strawberry/Raspberry Yogurt Drink and Peach/Banana Yogurt Drink. The Strawberry/Raspberry is stated to contain 78.0 percent skimmed yogurt, 8.8 percent liquid milk constituents, 9.2 percent sugar, 3.5 percent fruit juice (strawberry, raspberry), 0.4 percent guar gum/pectin and 0.06 percent carmine/cochineal. The Peach/Banana contains 78.0 percent skimmed yogurt, 9.8 percent liquid milk constituents, 8.2 percent sugar, 3.5 percent fruit juice (peach, banana), 0.4 percent guar gum/pectin and 0.01 percent carmine/cochineal. The products contain 17.2 percent milk solids. They will be packaged in 6.8 and 17 fluid ounce polyethylene bottles.

The applicable subheading for the Strawberry/Raspberry Yogurt Drink and the Peach/Banana Yogurt Drink, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2202.90.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters...containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...Other: Milk-based drinks: Other: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The duty rate will be 17.5 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2202.90.2800, HTS, and dutiable at the rate of 23.5 cents per liter plus 14.9 percent ad valorem. In addition, products classified in subheading 2202.90.2800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 to 9904.04.58, HTS.

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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See also:

• Tariff No.: 2202.90.24 - Non-alcoholic milk-based drinks (except chocolate), subject to add US note 10 to Ch. 4, not GN15
• Tariff No.: 2202.90.28 - Non-alcoholic milk-based drinks (except chocolate), not subject to gen note 15 or add US note 10 to Ch. 4
• Tariff No.: 9904.04.50 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe. period, under $0.65/kg
• Tariff No.: 9904.04.58 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe period, $2.25/kg or more