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NY 852434

MAY 21 1990



TARIFF NO.: 2202.90.2000

Mr. Andre Roy
Cooperative Federee de Quebec
1055 Rue du Marche Central, C.P. 500
Station Youville
Montreal, P.Q.
Canada H2P 2W2

RE: The tariff classification of fruit flavored beverages with added milk from Canada.

Dear Mr. Roy:

In your letter dated March 20, 1990, with additional information submitted in a letter dated May 3, 1990, you requested a tariff classification ruling.

Your query concerns the classification of four different flavors of Jutel brand drinks in individual retail boxes of 200 milliliters each. The flavors consist of apricot, orange, grape and strawberry. All have skim milk added. The ingredients in order of weight are water, skim milk, granulated sugar, dextrose, concentrate of the particular named fruit and other ingredients.

The applicable subheading for the beverages will be 2202.90.2000, Harmonized Tariff Schedule of the United States (HTS), 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...milk-based drinks...other. The duty rate will be 17.5 percent ad valorem.

Articles classifiable in HTS subheading 2202.90.2000 are subject to quota quantity restrictions in HTS subheading 9904.10.60. Additionally, an import license, issued to the importer by the United States Department of Agriculture, will be required at the time such merchandise is entered for consumption into the United States. Questions regarding licensing procedures and applications for license to import products subject to dairy quotas should be addressed to:

Head, Dairy and Import Group
Dairy, Livestock and Poultry Division
Foreign Agricultural Service
U.S. Department of Agriculture
Washington, D.C. 20250

Goods classifiable under subheading 2202.90.2000, HTS, which have originated in the territory of Canada, will be entitled to a 14 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Jean F. Maguire
Area Director

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