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NY R01012




November 23, 2004

CLA-2-22:RR:NC:SP:232 R01012

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060

Ms. Lisa Marie Thomas
PBB Global Logistics
670 Young Street
Tonawanda, NY 14150

RE: The tariff classification of Fruit Punch Beverages from Canada

Dear Ms. Thomas:

In your letter dated October 28, 2004, on behalf of McCain Foods Canada, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is four varieties of non-alcoholic drinks, marketed as fruit punch. Although the literature makes no statement about its carbonation status, the products are understood to be non-carbonated. They will be imported ready to drink in cans. The four flavors are fruit punch, orange punch, grape punch, and berry punch. All of the drinks are said to contain high fructose corn syrup, water, concentrated fruit juices, and traces of citric acid, flavors, and colors.

The applicable subheading for all four of the punch flavors will be 2202.10.0060, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredOther. The general rate of duty will be 0.2 cents per liter.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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