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NY L80931




December 16, 2004

CLA-2-22:RR:NC:SP:232 L80931

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Eugene F. Ricci
Pier International Customs Brokerage
61 Broadway – Suite 1115
New York, NY 10006

RE: The tariff classification of Vegetable Juice Products from Japan

Dear Mr. Ricci:

In your letter dated November 17, 2004, on behalf of Kagome, Inc., you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. The subject merchandise is six varieties of drinks that are said to contain no additional sugars, artificial flavors, vitamins or preservatives. They will all be imported for retail sale in PET bottles. The first item is called “Sweet Summer Tomato Juice”. This will be imported in 11.5 ounce or 30 ounce bottles, and is said to contain tomato juice from concentrate, lime juice concentrate, salt, and natural flavor. The next product is “True Vegetable Garden”, and this will also be imported in 11.5 ounce or 30 ounce bottles. It is said to consist of tomato juice from concentrate, carrot puree (carrots, lemon juice concentrate), reconstituted vegetable juice blend (water and concentrated juice of celery, beet, parsley, lettuce, ginger, watercress, spinach, cabbage), spices, salt, and garlic puree. The third is “Carrot Ginger Zest”, and will be imported in 11.5 ounce or 30 ounce bottles. This is stated to contain carrot juice from concentrate, carrot puree (carrots, lemon juice concentrate), ginger juice concentrate, and natural flavor.

The fourth product is “Orange Carrot Blossom”, which will be imported in 16.6 ounce or 30 ounce bottles, and is said to consist of reconstituted vegetable juice blend (carrot, spinach, red bell pepper, watercress, lettuce, parsley, beet and cabbage juices), reconstituted fruit juice blend (apple, orange and lemon juices), carrot puree, apple puree, and natural flavors. The next item is called “Purple Roots & Fruits”. This is packaged in 16.6 ounce or 30 ounce bottles, and is stated to consist of reconstituted vegetable juice blend (purple carrot, beet, lettuce, spinach, watercress, parsley and cabbage juices), reconstituted fruit juice blend (apple, grape, lemon and blueberry juices), apple puree, and natural flavor. The last product is “Autumn Reds”, imported in 16.6 ounce or 30 ounce bottles, and said to contain reconstituted vegetable juice blend (tomato, red bell pepper, lettuce, spinach, watercress, parsley, beet and cabbage juices), reconstituted fruit juice blend (apple, grape, grapefruit, and lemon juices), apple puree, and natural flavor.

The applicable subheading for the “Sweet Summer Tomato Juice”, the “True Vegetable Garden”, the “Carrot Ginger Zest”, the “Orange Carrot Blossom”, the “Purple Roots & Fruits”, and the “Autumn Reds” “Autumn Reds” 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.

The Food and Drug Administration may impose additional requirements on these products. 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 is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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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