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NY M80674

March 15, 2006

CLA-2-22:RR:NC:SP:232 M80674


TARIFF NO.: 2202.90.9090

Mr. Aalap Majmudar
Nature Foods
402 Cromwell Place
Hopkinsville, KY 42240

RE: The tariff classification of Smooze Fruit Smoothies from Indonesia

Dear Mr. Majmudar:

In your letter received February 22, 2006 you requested a tariff classification ruling.

Samples were included with your request. Information was submitted with your initial request dated February 3, 2006. The subject merchandise is described as a coconut milk-based fruit smoothie. It will be imported in three flavors: pineapple, passion and mango. Pineapple contains water, pineapple juice, coconut extract, cane sugar, pectin, acids, and natural flavors. Passion contains water, coconut extract, cane sugar, passion fruit juice, mango puree, pectin, natural flavors and acid. Mango contains water, mango puree, coconut extract, cane sugar, pectin, natural flavors and acids. The products will be imported in aseptic Tetra-Pak containers holding 250 milliliters and 1000 milliliters.

The applicable subheading for the Smooze Fruit Smoothies will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Articles classifiable under subheading 2202.90.9090, HTSUS, which are products of Indonesia 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.

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (CFR Part 134). The samples you have submitted do not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry.

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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