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NY N005655




February 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0060

Mr. Bruce Khabbazi
Canadian Distribution Channel Inc.
2678 Lakefield Road
Peterborough, Ontario
Canada K9J 6X5

RE: The tariff classification of a “yogurt soda” from Canada

Dear Mr. Khabbazi:

In your letter dated January 11, 2007, you requested a tariff classification ruling.

The subject merchandise is described as a “yogurt soda”. It is stated to contain 90.0 percent carbonated water, 4.0 percent yogurt (yogurt contains: 3.0 percent milk, 1.0 percent bacterial culture), Herbal extract (extract contains: 2.0 percent basil, 2.0 percent thyme) and 2.0 percent salt.

The applicable subheading for the yogurt soda will be 2202.10.0060, 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 flavoredOther. 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 Frank Troise at (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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