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NY M82019




April 21, 2006

CLA-2-22:RR:NC:SP:232 M82019

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Michael E. Roll
Pisani & Roll
1875 Century Park East, Suite 600
Los Angeles, CA 90067

RE: The tariff classification of Jelly Beverages from New Zealand

Dear Mr. Roll:

In your letter dated March 28, 2006, on behalf of Fonterra (USA), Inc., you requested a tariff classification ruling.

A sample and information were submitted with your request. The sample consists of a foil pouch approximately 3 inches wide and 6 inches high, with a re-sealable plastic straw attached to the top. The product inside the pouch has the texture of a light liquid jelly. You indicate that each pouch will hold approximately five to eight fluid ounces. The consumer squeezes the contents of the pouch through the straw and directly into their mouth. The Jelly Beverages will be produced in two formulations. Beverage 1 is stated to contain 80.459 percent water, 3.26 percent whey protein isolate, 10.00 percent fructose, 0.45 percent agar and/or guar gum, and various quantities of flavor, color, apple juice concentrate, Litesse Ultra (fiber source), a vitamin and mineral premix, and Alamin Milk Minerals (calcium phosphate). Beverage 2 contains 79.399 percent water, 10.00 percent whey protein isolate, 8.00 percent fructose, 0.40 percent agar and/or guar gum, and various quantities of flavor, color, and a vitamin and mineral premix. The products are ready for consumption and will be sold at retail sale.

The applicable subheading for the Jelly Beverages will be 2202.90.9090, 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: Other: OtherOther. The duty rate 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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