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NY K89448




October 14, 2004

CLA-2-20:RR:NC:SP:232 K89448

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Ralph Natale
American Shipping Company, Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of Fruit Beverages from Italy

Dear Mr. Natale:

In your letter dated September 8, 2004, on behalf of Rienzi & Sons, Inc., of Astoria, New York, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is what are described as various flavors of fruit nectars. The peach, pear, and apple nectars is said to consist of at least 50 percent of the corresponding fruit puree, water, sugar, glucose/fructose syrup, citric acid, and ascorbic acid. The apricot nectar is said to consist of at least 40 percent apricot puree, water, sugar, glucose/fructose syrup, citric acid, and ascorbic acid.

Another product has a different composition. It is described as a blend of juices, and is said to contain water, juices (orange 20 %, carrot 5%, lemon 5%), sugar, glucose/fructose syrup, flavors, and vitamins A, C, and E as additives.

The applicable subheading for the peach, pear, apple, and apricot nectars 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, not including fruit or vegetable juices of heading 2009: Other: OtherOther. The rate of duty will be 0.2 cents per liter.

Your inquiry does not provide enough information for us to give a classification ruling on the juice blend. Your request for a classification ruling should include the Brix value of the individual fruit juice components, plus the total Brix adjusted for sweetness. Also, please explain the nature of the flavor that is added. When this information is available, you may wish to consider resubmission of your request.

The Food and Drug Administration may impose additional requirements on these products. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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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