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NY I82695

June 12, 2002

CLA-2-22:RR:NC:SP:232 I82695


TARIFF NO.: 2202.90.9090

Mr. John L. Moncrief
70 Lafayette Street
4th Floor
New York, NY 10013

RE: The tariff classification of Supligen Energy Drink from Trinidad

Dear Mr. Moncrief:

In your letter dated May 29, 2002, on behalf of Kwack Trading Co. Inc., you requested a tariff classification ruling.

Information, including a laboratory report, was submitted with your request. A sample was submitted under separate cover. The subject merchandise is stated to contain 77.210 percent water and vitamins, 15.25 percent sucrose and corn syrup solids, 4 percent soya oil, defatted soy flour, lecithin, carrageen and 3.5 percent skim milk solids and soya oil. The product is packaged in a tin can with a net weight of 400 grams.

The applicable subheading for the Supligen Energy Drink will be 2202.90.9090, 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...other...other...other. The rate of duty will be 0.2 cents per liter.

Articles classifiable under subheading 2202.90.9090, HTS, which are products of Trinidad 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", click on “Files”, click on “Search” and then enter a key word search for the term "T-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 646-733-3031.


Robert B. Swierupski

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