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NY K88419

August 17, 2004

CLA-2-22:RR:NC:SP:232 K88419


TARIFF NO.: 2202.10.0060

Mr. Victor Llarena
Florida National Brokers
7100 N.W. 12 St. (S-103)
Miami, Florida 33126

RE: The tariff classification of KDrink-Bebida De Coca Leave from Peru

Dear Mr. Llarena:

In your letter dated July 30, 2004, on behalf of Full Home Corporation, you requested a tariff classification ruling.

Descriptive information was included with your request. The subject merchandise is described as a refreshing energy drink. The listed ingredients are coca leaves, water, sugars, citric acid, potassium sorbate and H&R lemon flavoring. The submitted information indicates that the coca leaf component is a coca leaf concentrate, which includes all active parts of the leaf in standardized doses with natural essential oils, vitamins and minerals. The product will be imported in 10 oz. glass bottles and 10 oz. PET bottles.

The applicable subheading for the KDrink-Bebida De Coca Leave 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 rate of duty will be 0.2 cents per liter.

Articles classifiable under subheading 2202.10.0060, HTS, which are products of Peru 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".

Additional requirements may be imposed on this product 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 merchandise may be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact DEA at: Drug Enforcement Administration
2401 Jefferson Davis Hwy.
Alexandria, VA 22301
Telephone: (202) 307-1000

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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