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NY L81885

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February 2, 2005

CLA-2-22:RR:NC:SP:232 L81885

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.2400; 2202.90.2800

Mr. Jaime Constain
WT Logistics LLC
3620 NW 114th Avenue
Miami, FL 33178

RE: The tariff classification of a Beverage from Colombia

Dear Mr. Constain:

In your letter dated January 3, 2005, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is “Oat Drink, Cinnamon flavored”, a beverage that will be imported for retail sale. This is stated to be an oat and cinnamon-flavored milk drink, and is said to consist of 51 percent milk (5.8 percent milk solids), 35 percent water, 9.6 percent sugar, 4 percent oats, and traces of stabilizers and cinnamon flavor.

The applicable subheading for the “Oat Drink, Cinnamon flavored” will be 2202.90.2400, 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: Milk-based drinks: Other: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The duty rate will be 17.5 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2202.90.2800, HTS, and dutiable at the rate of 23.5 cents per liter plus 14.9 percent ad valorem. In addition, products classified in subheading 2202.90.2800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 to 9904.04.58, HTS. .

Articles classifiable under subheading 2202.90.2400, HTS, which are products of Colombia, may be entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

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 CFR 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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See also:

• Tariff No.: 2202.90.24 - Non-alcoholic milk-based drinks (except chocolate), subject to add US note 10 to Ch. 4, not GN15
• Tariff No.: 2202.90.28 - Non-alcoholic milk-based drinks (except chocolate), not subject to gen note 15 or add US note 10 to Ch. 4
• Tariff No.: 9904.04.50 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe. period, under $0.65/kg
• Tariff No.: 9904.04.58 - Dairy prod. in 0402.29.50 & .99.90, 0403.10.50 & .90.95, 1901.10.40 & .85, & 2202.90.28, entered value safe period, $2.25/kg or more