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NY N011167




June 14, 2007

CLA-2-22:RR:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Mr. Antonio Rosa
Air Land Sea Ways Inc.
320 John Albert Erndt Street
Global Plaza Building #218
San Juan P.R. 00920

RE: The tariff classification of “Sparkling Fruit Flavored Juice Cocktail” non-alcoholic from Spain

Dear Mr. Rosa:

In your letter dated May 14, 2007 you requested a tariff classification ruling on behalf of your client, B. Fernandez & Hnos, Inc.

The subject merchandise is described as “Sparkling Fruit Flavored Juice Cocktail” non-alcoholic. It will be packaged in bottles of 25.4 ounces, packed in cartons. It is said to contain carbonated water, sugar, fruit juices from concentrate (lemon, orange, and grape), citric acid, sodium benzoate, natural flavors and potassium sorbate (as a preservative).

The applicable subheading for the “Sparkling Fruit Flavored Juice Cocktail” non-alcoholic 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 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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