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NY R00878




October 25, 2004

CLA-2-22:RR:NC:SP:232 R00878

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Craig Pratt
723 S. Casino Center, Boulevard, 2nd Floor Las Vegas, NV 89101-6716

RE: The tariff classification of Nescafé Iced Coffee Beverages from Canada

Dear Mr. Pratt:

In your letter dated September 29, 2004, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is three flavors of Nescafé iced coffee beverages. These will all be imported ready for consumption and for retail sale in 180 ml cans. The three flavors are Nescafé extra rich, Nescafé Smooth Latte, and Nescafé Turbo strong Roast. All are said to contain varying amounts of sugar, coffee extract, and skimmed milk powder.

The applicable subheading for the three flavors of Nescafé iced coffee beverages will be 2202.90.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 general 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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