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NY L84289




May 17, 2005

CLA-2-22:RR:NC:SP:232 L84289

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Ms. Patti Cordo
American Cargo Express, Inc.
435 Division Street
Elizabeth, NJ 07201

RE: The tariff classification of Beverages from the Netherlands

Dear Ms. Cordo:

In your letter dated April 18, 2005, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The subject merchandise is two varieties of carbonated beverage that will be imported for retail sale in 250 ml cans. The first product is called “Rodeo Power Cola”. This product is said to consist of water, sugar, glucose/fructose syrup, taurine, glucuronolactone, caffeine, and a small variety of vitamins, colors, and flavors. The second item is called “Rodeo Energy Drink” and is said to contain carbonated water, sacchacrose, glucose/fructose syrup, citric acid, taurine, glucuronolactone, caffeine, and a small variety of vitamins, colors, and flavors

The applicable subheading for both the “Rodeo Power Cola“ and the “Rodeo Energy Drink” will be 2202.10.0040, 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 flavoredCarbonated soft drinks: Other. The 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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