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NY 871542

Feb 24, 1992



TARIFF NO.: 2202.90.2000

Mr. Sossi Maghakian
James J. Boyle & Co.
2525 Corporate Place # 100
Monterey Park, CA 91754

RE: The tariff classification of Milky Sour "Apple" and Milky Sour "Orange" soft drinks from Japan.

Dear Mr. Maghakian:

In your letter dated February 11, 1992, on behalf of Pacific Japan International Inc., you requested a tariff classification ruling.

Samples were included with your original request dated January 8, 1992. The subject merchandise is stated to contain approximately 76 percent water, 6 percent apple or orange juice, 8.40 percent corn syrup, 6 percent fermented milk powder, 2.85 percent sugar, and small quantities of various other ingredients. The products will be packaged in glass bottles having a net weight of 5.6 ounces.

The applicable subheading for the Milky Sour "Apple" and the Milky Sour "Orange" soft drinks 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 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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