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NY J88167




September 12, 2003

CLA-2-22:RR:NC:SP:232 J88167

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.1000

Mr. Felipe Rosado
RV Trading Inc.
Diamond Village C1 A2
Caguas, PR 00725

RE: The tariff classification of NESQUIK Chocolate Drink from Ecuador

Dear Mr. Rosado:

In your letter dated August 20, 2003 you requested a tariff classification ruling.

The subject merchandise is stated to contain 92 percent skim milk, 6 percent sugar and 2 percent cacao and stabilizer mix. The product will be imported in 200 milliliter porta packs, with 30 packs to a case.

The applicable subheading for the NESQUIK Chocolate Drink will be 2202.90.1000, 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: Milk-based drinks: Chocolate milk drink. The duty rate will be 17 percent ad valorem.

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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