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NY L85220




June 8, 2005

CLA-2-20:RR:NC:SP:232 L85220

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.80.6090; 2106.90.9990

Mr. Scott Dolsey
Bonkiss Co. Ltd. S.A.
4483 NW 36th St. Suite 111
Miami, Fl 33166

RE: The tariff classification of three noni juice products from Panama

Dear Mr. Dolsey:

In your letter dated May 25, 2005 you requested a tariff classification ruling.

Information was submitted with you initial request dated March 14, 2005. The subject merchandise consists of three products: Tropical Noni 100% Certified Organic, Tropical Noni Blackberry Blend, and Tropical Noni Citrus Blend. Tropical Noni 100% Certified Organic is stated to contain only the juice from the noni fruit with no added ingredients. Tropical Noni Blackberry Blend contains 50 percent noni juice, 10 percent purified water, 5 percent noni pulp and 35 percent blackberry juice. Tropical Noni Citrus Blend contains 50 percent noni juice, 10 percent purified water, 5 percent noni pulp, and various quantities of orange, pineapple, passion, grapefruit, carrot and papaya juices. All of the products will be imported in 16 ounce or 32 ounce PET green tinted bottles. The submitted product labels and descriptive literature for the items advise a recommended serving of two ounces daily on an empty stomach.

The applicable subheading for the Tropical Noni 100% Certified Organic will be 2009.80.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for Fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: Juice of any single fruit or vegetable: Fruit juice: Other...Other. The rate of duty will be 0.5 cents per liter.

The applicable subheading for the Tropical Noni Blackberry Blend and the Tropical Noni Citrus Blend will be 2106.90.9990, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedotherotherothercanned. The rate of duty will be 6.4 percent ad valorem.

Articles classifiable under subheading 2009.80.6090, HTS, and subheading 2106.90.9990, HTS, which are products of Panama may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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