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NY L83145




March 24, 2005

CLA-2-22:RR:NC:SP:232 L83145

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060

Mr. Astrid Wucherer
PAGO International GesmbH
Schrodingertrabe 61
A-9021 Klagenfurt
Austria

RE: The tariff classification of Pago Nectars from Spain

Dear Mr. Wucherer:

In your letter dated March 1, 2005 you requested a tariff classification ruling.

The subject merchandise consists of four nectars without puree: Multivitamin Red, Black Currant Nectar, Blueberry Nectar and Orange Nectar. Multivitamin Red is stated to contain water, sugar, apple juice concentrate, red grape juice concentrate, black currant juice concentrate, kirsch concentrate, blueberry concentrate, raspberry juice concentrate and a variety of vitamins. The total Brix of the product is 12.6. Black Currant Nectar contains water, black currant juice and sugar, with a total Brix of 13.6. Blueberry Nectar contains water, blueberry concentrate and sugar, with a total Brix of 14.3. Orange Nectar contains water, concentrated orange juice, sugar and concentrated lemon juice. The total Brix of the product is 14.3. All of the nectars are ready to drink, and will be packaged in green glass bottles of 200 or 330 milliliters.

The applicable subheading for the Multivitamin Red, Black Currant Nectar, Blueberry Nectar and Orange Nectar will be 2202.10.0060, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredOther. The duty rate 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 telephone number (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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