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NY K89413





September 21, 2004

CLA-2-22:RR:NC:SP:232 K89413

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Titus Villanueva
Customs Consultancy & Law Firm
Suite 608 Echelon Tower
2100 A. Mabini Street
Malaie, Manila
Philippines

RE: The tariff classification of Red Bull Barako Coffee Drink from the Philippines

Dear Mr. Villanueva:

In your letter received September 10, 2004, you requested a tariff classification ruling.

You submitted descriptive literature with your request. The subject merchandise is known as Red Bull Barako Coffee Drink. This is a beverage that will be imported for retail sale in 180 cc cans. The drink is said to consist of water, sugar, milk powder, and instant coffee powder. It is assumed for the purposes of this ruling that the beverage is not carbonated.

The applicable subheading for the Red Bull Barako Coffee 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, not including fruit or vegetable juices of heading 2009: Other: OtherOther. The duty rate will be 0.2 cents per liter.

Articles classifiable under subheading 2202.90.9090, HTS, which are products of the Philippines, are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, 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" and then search for the term "T-GSP".

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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