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NY L83147




March 23, 2005

CLA-2-22:RR:NC:SP:232 L83147

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

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 five nectars with puree: Multivitamin Gold, Banana Nectar, Pear Nectar, Mango and Passion Fruit Nectar, and Peach Nectar. Multivitamin Gold is stated to contain water, sugar, orange juice concentrate, pineapple juice concentrate, apple juice concentrate, apricot puree, lemon juice concentrate, mango puree, maracuja juice concentrate, banana, peach and guava puree, and various vitamins. Banana Nectar contains water, banana puree, sugar, concentrated lemon juice and vitamin C. Pear Nectar contains pear puree, water, sugar and concentrated lemon juice. Mango and Passion Fruit Nectar contains water, sugar, mango puree, concentrated passion fruit juice and vitamin C. Peach Nectar contains water, peach puree and sugar. All of the products are ready to drink, and will be packaged in green glass bottles of 200 or 330 milliliters.

The applicable subheading for the Multivitamin Gold, Banana Nectar, Pear Nectar, Mango and Passion Fruit Nectar and Peach Nectar 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 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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