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NY J89740

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October 24, 2003

CLA-2-21:RR:NC:2:228 J89740

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9500; 2106.90.9700

Mr. Thai Q. Pham
45 Stephen Drive
Brockton, MA 02302

RE: The tariff classification of beverage flavorings from Taiwan

Dear Mr. Pham:

In your undated letter, received by this office on October 15, 2003, you requested a tariff classification ruling.

Ingredients breakdowns accompanied your letter. The products are described as “flavoring syrups” used as an ingredient in “bubble tea” beverages. The principal ingredients in the Lemon, Passion Fruit, Strawberry, and Orange-flavored syrups are fructose (40-54 percent), fruit juice (35-40 percent), and sugar (12-17 percent). The Lemon, Passion Fruit, and Strawberry products also contain between 5 and 6 percent fruit pulp. Other ingredients, at less than one percent each, include citric acid, sodium citrate, xanthan gum, flavor, potassium sorbate, and color. The flavorings will be packed for commercial use in 2.2-kilogram plastic bottles.

The applicable subheading for the Lemon, Passion Fruit, Strawberry, and Orange-flavored syrups, if imported in quantities that fall within the limits described in additional U.S. note 8 to chapter 17, will be 2106.90.9500, HTS, which provides for food preparations not elsewhere specified or includedotherotherarticles containing over 10 percent by dry weight of sugar described in additional U.S. note 3 to chapter 17 described in additional U.S. note 8 to chapter 17 and entered pursuant to its provisions. The rate of duty will be 10 percent ad valorem. If the quantitative limits of additional U.S. note 8 to chapter 17 have been reached, the product will be classified in subheading 2106.90.9700, HTS, and dutiable at the rate of 28.8 cents per kilogram plus 8.5 percent ad valorem. In addition, products classified in subheading 2106.90.9700, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.17.49 to 9904.17.56, HTS

Your inquiry does not provide enough information for us to give a classification ruling on the Mango syrups. Your request for a classification ruling should include the Brix of the juice ingredient and the Brix of the fructose ingredient. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Stanley Hopard at 646-733-3029.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 2106.90.95 - Food preps, nesoi, n/o 10% milk solids, o/10% sugar, descr. in add US note 3 to Ch.17, subject to add US note 8 to Ch. 17, not GN15
• Tariff No.: 2106.90.97 - Food preps, nesoi, n/o 10% milk solids, o/10% sugar, descr. in add US note 3 to Ch.17, not subject to add US note 8 to Ch. 17, not GN15
• Tariff No.: 9904.17.49 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., under $0.05/kg
• Tariff No.: 9904.17.56 - Articles w/ov 10% dry wt. sugars, in 1701.91.58, 1704.90.78, 1806.20.77 etc, entered value safe. pd., $0.35/kg or more