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NY H88511




February 28, 2002

CLA-2-22:RR:NC:SP:232 H88511

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.10.0040

Mr. Mohammed Boutara
Boutara Holdings Corporation
1101 South Alton Street, Suite A
Denver, CO 80231

RE: The tariff classification of “Clubber Energy” Beverage from Belgium

Dear Mr. Boutara:

In your letter dated February 5, 2002, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is stated to be a non-alcoholic energy beverage that will be imported for retail sale. The product is described as carbonated and is said to consist of sparkling water, sucrose, glucose, citric acid, taurine, glucoronolactone, caffeine, inositol, and a small quantity of various vitamins, artificial flavors, and colors.

The applicable subheading for the “Clubber Energy” beverage will be 2202.10.0040, 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 flavoredCarbonated soft drinks: Other. The rate of duty will be 0.2 cents per liter.

The Food and Drug Administration may impose additional requirements on this product. You may contact the FDA at:

Food and Drug Administration
Division of Import Operations and Policy
5600 Fishers Lane
Rockville, Maryland 20857
Telephone: (301) 443-6553

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 (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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