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NY H81200

June 5, 2001

CLA-2-22:RR:NC:SP:232 H81200


TARIFF NO.: 2202.10.0060

Ms. Cheryl Ellsworth
Harris Ellsworth & Levin
The Watergate
2600 Virginia Avenue NW, Suite 1113
Washington, DC 20037-1905

RE: The tariff classification of “Puerto Rican Fruit Punch” from the Dominican Republic

Dear Ms. Ellsworth:

In your letter dated May 14, 2001, on behalf of Empresas La Famosa, Inc. (ELF), of Toa Baja, Puerto Rico, you requested a tariff classification ruling.

You submitted descriptive literature with your request. You had previously submitted a sample. The subject merchandise is “Puerto Rican Fruit Punch”, a product that will provide 100 percent of the RDA of Vitamin C. The fruit juice concentrates and purées will be mixed with sugar, then reconstituted to single strength with the addition of water and ascorbic acid, then mixed, homogenized, pasteurized, and put into 12 ounce cans for retail sale and immediate consumption. The “Puerto Rican Fruit Punch”, is said to contain water, orange juice concentrate, pineapple juice concentrate, sugar, and traces of grapefruit juice concentrate, guava pulp concentrate, ascorbic acid, citric acid, guar gum, and color.

The applicable subheading for the “Puerto Rican Fruit Punch” will be 2202.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoredOther. The duty rate will be 0.2 cents per liter.

Articles classifiable under subheading 2202.10.0060, HTS, which are products of the Dominican Republic may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "GSP".

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-637-7059.


Robert B. Swierupski

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