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NY R02269

August 11, 2005

CLA-2-22:RR:NC:SP:232 R02269


TARIFF NO.: 2202.90.9090

Mr. Mohammad Fazel Musazay
ZAS International
3685 MT. Diablo Blvd. Ste.171
Lafayette, CA 94549

RE: The tariff classification of smoothies from Brazil

Dear Mr. Musazay:

In your letter dated July 15, 2005 you requested a tariff classification ruling.

Information was submitted with your initial request dated June 21, 2005. The subject merchandise is described as smoothies, which will be imported in four flavors: passion fruit, peach, mango and raspberry. Passion fruit is stated to contain 66 percent apple juice, 14 percent crushed banana, 11 percent crushed passion fruit, 6 percent orange juice and 3 percent peach juice. Peach contains 47 percent apple juice, 30 percent peach juice, 10 percent crushed banana, 10 percent orange juice and 3 percent crushed passion fruit. Mango contains 40 percent apple juice, 22 percent crushed banana, 21 percent crushed mango, 11 percent orange juice and 6 percent crushed passion fruit. Raspberry contains 74 percent apple juice, 12 percent crushed banana, 10 percent raspberry, 3 percent orange juice and 1 percent crushed passion fruit. All of the above products are ready for immediate consumption and are packaged in 1 liter tetra packs.

The applicable subheading for the passion fruit, peach, mango and raspberry smoothies 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 Brazil 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.


Robert B. Swierupski

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