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NY J89175

October 7, 2003

CLA-2-22:RR:NC:SP:232 J89175


TARIFF NO.: 2202.90.9090

Mr. Thomas Berbas
Excite! Beverage Company Ltd.
211 E. Ontario Street - Suite 1800
Chicago, IL 60611

RE: The tariff classification of “Tiger Smoothies” from the United Kingdom

Dear Mr. Berbas:

In your letter dated September 15, 2003, you requested a tariff classification ruling.

You submitted descriptive literature and product samples with your request. You sent more information in a fax on September 22, 2003. The subject merchandise is “Tiger Smoothies”; beverages that will be imported in 250-ml PET bottles for retail sale. The flavors are strawberry & banana, cranberry & raspberry, mango & orange, and apricot & apple. All these products are said to consist of a combination of whole fruit and the juice from the fruit, with traces of herbal ingredients and/or vitamins. You also sent samples of a similarly-packaged item called “Tiger Juice”, in apple and orange varieties.

The applicable subheading for the “Tiger Smoothies” 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, not including fruit or vegetable juices of heading 2009: Other: OtherOther. The rate of duty will be 0.2 cents per liter.

Your inquiry does not provide enough information for us to give a classification ruling on the “Tiger Juice”. Your request for a classification ruling should include the Brix value of each of the juices. When this information is available, you may wish to consider resubmission of your request. We are retaining any related samples for thirty days

Additional requirements may be imposed on these products by the Food and Drug Administration. 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.


Robert B. Swierupski

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