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NY J83773




April 29, 2003

CLA-2-22:RR:NC:SP:232 J83773

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 and status under the North American Free Trade Agreement (NAFTA), of “MAX Cranberry Cocktail” from Canada; Article 509

Dear Ms. Duguay:

In your letter dated April 14, 2003 you requested a ruling on the status of “MAX Cranberry Cocktail” from Canada under the NAFTA.

The subject merchandise is a non-alcoholic beverage 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. The product contains 64 percent water, 30 percent cranberry concentrate, and 6 percent sugar. The sugar is refined in Canada from raw sugar from Guatemala, Costa Rica and Brazil. If organic sugar is used, it will be refined in Central America. The applicable subheading for the “Max Cranberry Cocktail” will be 2202.10.0060, 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 flavoredOther. The general rate of duty will be 0.2 cents per liter.

The non-originating material used to make the “Max Cranberry Cocktail” has satisfied the change in tariff classification required under HTSUSA General Note 12(t)/22. The “Max Cranberry Cocktail” will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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