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NY J81120




March 6, 2003

CLA-2-22:RR:NC:SP:232 J81120

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060

Ms. Nadine Duguay
Northumberland Co-operative Ltd.
PO Box 130
256 Lawlor Lane
Miramichi, New Brunswick
E1V 3M3, Canada

RE: The tariff classification of a Beverage from Canada

Dear Ms. Duguay:

In your letter dated February 5, 2003, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is “MAX Cranberry”, a non-alcoholic drink that will be imported ready to drink in chilled half-gallon cartons. The beverage is prepared by cold pressing cranberries and then adding the other ingredients. It is said to consist of 64 percent water, 30 percent cranberry concentrate, and 6 percent sugar. There are no preservatives in the product, so it must be kept refrigerated.

The applicable subheading for the “MAX Cranberry” drink will be 2202.10.0060, 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, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredOther. The general 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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