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NY 800758

August 17, 1994

CLA-2-22:S:N:N7:232 800758


TARIFF NO.: 2202.90.9090

Mr. Gavin R Kotzen
S.A.K. Investments U.S.A. Inc.
2663 East Sunrise Blvd. #137
Ft. Lauderdale, Florida 33304

RE: The tariff classification of fruit beverages from South Africa.

Dear Mr. Kotzen:

In your letter dated July 28, 1994 you requested a tariff classification ruling.

Information was submitted with your initial request received June 29, 1994. The subject merchandise consists of fruit beverages to be imported frozen in 5 liter jugs, 2 liter jugs or in 10 liter bags. After importation the products are defrosted and sold in their imported containers or packaged for retail sale. All of the following products contain the preservatives Sodium Benzoate and Delvocid.

1) Orange - consists of 64.5 percent fresh juice, 3.5 percent sugar, 30 percent water and 0.003 percent orange oil.

2) Guava - consists of 35 percent pulp, 7 percent sugar and 58 percent water.

3) Granadilla - consists of 17.5 percent pulp, 20 percent orange juice, 7 percent sugar and 55.5 percent water.

4) Pineapple - consists of 40 percent pulp, 7.5 percent sugar and 52.5 percent water.

5) Lemon - consists of 20 percent pulp, 11 percent sugar, and 69 percent water.

6) Banana - consists of 30.5 percent pulp, 5.1 percent lemon pulp, 5.1 percent sugar and 59.3 percent water. 7) Mango - consists of 40 percent pulp, 5 percent sugar, and 55 percent water.

8) Strawberry - consists of 37.5 percent pulp, 7.5 percent sugar, 0.25 percent banana and 54.75 percent water.

9) Litchie - consists of 25 percent puree, 6.7 percent sugar and 68.3 percent water.

10) Peach - consists of 50 percent pulp, 6.8 percent sugar and 43.2 percent water.

11) Cocktail - consists of a blend of items 1, 2 and 4 with Granadilla pulp.

12) Tropical- consists of a blend of items 1, 3 and 4.

13) Grapefruit - consists of 36 percent pulp, 9.4 percent sugar and 54.6 percent water.

The applicable subheading for the fruit beverages will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for waters...containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages...other...other...other. The duty rate will be 0.3 cents per liter.

Articles classifiable under subheading 2202.90.9090, HTS, which are products of South Africa are entitled to duty free treatment under the Generalized System of Preferences (GSP) 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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