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NY L83460

April 22, 2005

CLA-2-22 RR:NC:SP:232 L83460


TARIFF NO.: 2202.90.9090

Mr. Bharat Joshi
Evernew Intl. Inc.
65 Christle Street
Edison, N.J. 08820

RE: The tariff classification of “Laban-up” from United Arab Emirates

Dear Mr. Joshi:

In your letter dated April 11, 2005 you requested a tariff classification ruling.

The subject merchandise is described as a salted cultured dairy drink. It is stated to contain 96.2 percent water, 3.2 percent non-fat dry milk, 0.6 percent dry milk, 0.33 percent salt, 0.6 percent bacterial culture, 0.25 percent guar gum, 0.09 percent agar-agar, and 0.09 percent pectin. The product is packaged in 1 liter and 200 milliliter tetra packs.

The applicable subheading for the “Laban-up” 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.

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.


Robert B. Swierupski

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