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NY K81989




January 9, 2004
CLA-2-22:RR:NC:SP:232 K81989

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Ms. Margaret Eckert
CMA North America
42 Lehigh Lane
Hicksville, NY 11801

RE: The tariff classification of coffee drinks from Germany

Dear Ms. Eckert:

In your letter dated December 11, 2003, on behalf of K-fee AG, you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise consists of two types of coffee drinks: “K-fee Turbo Coffee Drink” and “K-fee Turbo Coffee Drink with Vanilla.” The “K-fee Turbo Coffee Drink” contains 77.24 percent water, 16.80 percent whole milk (2.1 percent milk solids), 5 percent sugar, 0.76 percent coffee extract, and small quantities of flavors and various other ingredients. The “K-fee Turbo Coffee Drink with Vanilla” contains 64.05 percent water, 27 percent whole milk (3.3 percent milk solids), 8 percent sugar, 0.76 percent coffee extract, and small quantities of flavors and various other ingredients. Both products will be packaged in 250 milliliter metal cans.

The applicable subheading for the “K-fee Turbo Coffee Drink” and the “K-fee Turbo Coffee Drink with Vanilla” will be 2202.90.9090, 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...other...other...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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