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NY L83148





March 24, 2005

CLA-2-22:RR:NC:SP:232 L83148

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060; 2202.90.9090

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

RE: The tariff classification of Pago Cocktails and Drinks from Spain

Dear Mr. Wucherer:

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

The subject merchandise consists of the following products: Red Orange- Orange-Lime-Carrot Drink, Cranberry Cocktail, Strawberry Cocktail, and Orange-Carrot-Lemon Drink. The Red Orange-Orange-Lime-Carrot Drink is stated to contain water, red orange juice, orange juice, sugar, lime juice, carrot juice, coloring fruit and vegetable extract, and various vitamins. The Cranberry Cocktail contains water, cranberry juice concentrate, sugar, aronia, lemon juice concentrate and vitamin C. The Strawberry Cocktail contains water, strawberry puree, sugar, concentrated strawberry, lemon and berry juices (blackcurrant, aronia and elderberry), lactic acid and natural aroma. The Orange-Carrot-Lemon Drink contains water, sugar, concentrated orange, carrot and lemon juices, natural aroma and various vitamins. 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 Red Orange-Orange-Lime-Carrot Drink, Cranberry Cocktail, and Orange-Carrot-Lemon Drink 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.

The applicable subheading for the Strawberry Cocktail 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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