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NY M81978




May 1, 2006

CLA-2-22:RR:NC:SP:232 M81978

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Mr. Christopher P. Garcia
Kuehne & Nagel
Corporate Customs Brokerage Division
Orlando Branch Office
8200 Boggy Creek Rd/Ste 600
Orlando, Florida 32824

RE: The tariff classification of a beverage from Austria

Dear Mr. Garcia:

In your letter dated March 31, 2006, on behalf of Carpe Diem USA Inc., you requested a tariff classification ruling.

Information was submitted with your initial request dated March 3, 2006. The subject merchandise is described as “Carpe Diem-Refresh Ginkgo” beverage. The product contains carbonated water, fructose, glucose, flavor, citric acid, malic acid, green tea extract, color and Ginkgo biloba leaf extract. It will be imported in 500ml PET bottles.

The applicable subheading for the “Carpe Diem-Refresh Ginkgo” beverage will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), 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 flavored: Carbonated soft drinksother. The rate of duty will be 0.2 cents per liter.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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