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NY 868518

NOV 12, 1991



TARIFF NO.: 2202.90.2000

Mr. Frank Saviano
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, New York 11413

RE: The tariff classification of Peanut Punch from Trinidad & Tobago.

Dear Mr. Saviano:

In your letter dated October 25, 1991, on behalf of Jamaica Producers Marketing USA Inc., you requested a tariff classification ruling.

A sample was submitted with your request. The sample was examined and disposed of. The subject merchandise is a beverage called Peanut Punch, which is stated to contain 76.9 percent water, 9.69 percent skim milk powder, 7.23 percent peanut butter, 6.0 percent sugar, and small quantities of various other ingredients. The product will be imported in an aseptic rectangular cardboard container holding 250 milliliters.

The applicable subheading for the Peanut Punch will be 2202.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for waters...and other nonalcoholic beverages...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 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 Agriculture Service
U.S. Department of Agriculture
Washington, D.C. 20250

Articles classifiable under subheading 2202.90.2000, HTS, which are products of Trinidad & Tobago are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) 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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