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NY 869268

DEC 16, 1991



TARIFF NO.: 2202.90.2000

Mr. Kent Sunakoda
James J. Boyle & Co.
371 Allerton Avenue
So. San Fransisco, CA 94080

RE: The tariff classification of Yogaria Nomigoro from Japan.

Dear Mr. Sunakoda:

In your letter dated November 21, 1991 you requested a tariff classification ruling.

A sample was included with your request. The sample is a white liquid packaged in a glass bottle having a capacity of 5.7 fluid ounces. The subject merchandise is described as a yogurt flavored drink. It is stated to contain 83.5 percent water, 9.5 percent corn syrup, 3.2 percent powdered non-fat fermented milk, 2.8 percent origomerized maltose, 0.5 percent pectin, 0.4 percent yogurt flavor, and 0.1 percent citric acid.

The applicable subheading for the Yogaria Nomigoro, yogurt flavored drink 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 rate of duty will be 17.5 percent ad valorem. Articles classifiable in HTS subheading 2202.90.2000 are subject to the 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

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

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