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NY L81853





January 20, 2005

CLA-2-22:RR:NC:SP:232 L81853

CATEGORY: CLASSIFICATION

TARIFF NO.: 2202.90.9090

Mr. Pon Sakungew
11701 Texas Ave. #103
Los Angeles, CA 90025

RE: The tariff classification of Pak-Panang Bird’s Nest Drink from Thailand.

Dear Mr.Sakungew:

In your letter dated January 5, 2005 you requested a tariff classification ruling.

A sample was submitted with your request. The subject merchandise is stated to contain the nest of the swiftlet bird (Aerodramas fuciphagus), water and rock sugar. The product is imported in small glass jars with a net content of 70 cubic centimeters. This merchandise is designed for human consumption and will be sold to restaurants and food wholesalers.

The applicable subheading for the Pak-Panang Bird’s Nest 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... 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 Thailand 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 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 telephone number (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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