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NY R01926

June 8, 2005

CLA-2-22:RR:NC:SP:232 R01926


TARIFF NO.: 2202.10.0060

Mr. Marckenson Zephirin
Leaf Café Tea, LLC
239 31st Ct. #2
West Palm Beach, FL 33407

RE: The tariff classification of Tea Beverages from China

Dear Mr. Zephirin:

In your letter dated May 6, 2005, you requested a tariff classification ruling.

You submitted descriptive literature and product photographs with your request. You also gave further information in a subsequent phone conversation. The subject merchandise is two non-carbonated beverages that will be imported for retail sale in 500-ml bottles. The “Leaf Café Jasmine Green Tea” is said to consist of water, jasmine flavored green tea leaves, jasmine extract, and ascorbic acid. The “Leaf Café Green Tea” is stated to be the same formula as the above item, but without the jasmine flavoring.

The applicable subheading for both the “Leaf Café Jasmine Green Tea” and the “Leaf Café Green Tea” 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 duty rate 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 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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