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NY J80355




January 30, 2003

CLA-2-22:RR:NC:SP:232 J80355

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

John G. Ryan
Ryan Trading Corporation
2500 Westchester Avenue – Suite 102
Purchase, NY 10577

RE: The tariff classification of “Blue Charge Energy Drink” from Germany

Dear Mr. Ryan:

In your letter dated January 16, 2003, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise is “Blue Charge Energy Drink”, a carbonated beverage that will be imported for retail sale in 2-inch diameter, 5¼ inch tall, pop-top cans holding 250 ml, net. This product is said to consist of water, sucrose, carbon dioxide, citric acid, taurine, glucuronolactone, caffeine, and a small variety of vitamins, colors, and flavors.

The applicable subheading for the “Blue Charge Energy Drink“ will be 2202.10.0040, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredCarbonated soft drinks: Other. The rate of duty will be 0.2 cents per liter.

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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