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NY K81396





December 15, 2003

CLA-2-22:RR:NC:SP:232 K81396

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Bruce D. Roberts
Miami International Forwarders
1801 NW 82 Ave.
Miami, FL 33126-1013

RE: The tariff classification of Petit Nectars from El Salvador

Dear Mr. Roberts:

In your letter dated November 28, 2003, on behalf of Bon Appetit SA de CV, you requested a tariff classification ruling.

Samples were included with your request. The subject merchandise consists of six types of nectars: peach, apple, mango, pear, pineapple and guava. The peach contains 78.0183 percent water, 11.8460 percent sugar, 9.0000 percent peach pulp and small quantities of citric acid, pectin/CMC mix, ascorbic acid and natural peach flavor. The apple contains 78.9532 percent water, 11.6233 percent sugar, 9.0000 percent apple pulp and small quantities of citric acid, pectin/CMC mix, ascorbic acid and natural apple flavor. The mango contains 80.6702 percent water, 9.9725 percent sugar, 9.0000 percent mango pulp and small quantities of citric acid, pectin/CMC mix, ascorbic acid and natural mango flavor. The pear contains 78.0978 percent water, 11.5265 percent sugar, 10.0000 percent pear pulp and small quantities of citric acid, pectin/CMC mix, ascorbic acid and natural pear flavor. The pineapple contains 81.2650 percent water, 9.3898 percent sugar, 9.0000 percent pineapple pulp and small quantities of citric acid, pectin/CMC mix, ascorbic acid and natural pineapple flavor. The guava contains 75.3800 percent water, 13.1986 percent sugar, 11.0000 percent guava pulp and small quantities of citric acid, pectin/CMC mix, ascorbic acid and natural guava flavor. The products will be packaged in 200 milliliter aseptic containers, 250 milliliter glass bottles, 340 milliliter aluminum cans and 946 milliliter PET bottles.

The applicable subheading for the Petit Peach, Apple, Mango, Pear, Pineapple and Guava Nectars 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 El Salvador 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 our Web site at www.cbp.gov and 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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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