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NY 894516




February 25, 1994

CLA-2-22:S:N:N7:232 894516

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of "Tropika" and "Tropi-Fun" beverages from Canada.

Dear Mr. Maloney:

In your letter dated February 3, 1994, on behalf of Tropika Canada, Inc., you requested a tariff classification ruling.

Samples were included with your request. The subject beverages are stated to contain: 84.5 percent to 86.5 percent water, 9.5 percent to 10.5 percent sugar, 1.5 percent to 1.8 percent fruit juice from concentrate, 1.5 percent to 1.8 percent skim milk powder and small quantities of citrus pectin, citric acid, sodium citrate, flavoring and coloring. The beverages will be imported in orange, peach, pineapple, strawberry and mango flavors, and will be packaged in eight ounce and one quart Tetra Brik cartons.

The applicable tariff provision for the "Tropika" and "Tropi- Fun" beverages will be 2202.90.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for waters...containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...other...other...other. The general rate of duty will be 0.3 cents per liter.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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.

Sincerely,

Jean F. Maguire
Area Director

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