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NY M81368

March 22, 2006

CLA-2-22:RR:NC:SP:232 M81368


TARIFF NO.: 2202.10.0040

Mr. Juan Bernal
Trade International Enterprises, Inc.
6515 Collins Avenue
Miami Beach, Florida 33141

RE: The tariff classification of Coca Sek from Colombia. Correction to Ruling Number NY R03362

Dear Mr. Bernal:

This letter replaces Ruling Number R03362 dated March 16, 2006, which contained typographical errors. A complete corrected ruling follows.

In your letter dated March 1, 2006, on behalf of Nasa Esh’s Coca Nasa Calderas Indian Safeguard Company, you requested a tariff classification ruling on Coca Sek from Colombia.

Descriptive information was included with your request. The subject merchandise is described as an energy drink. The product is stated to contain 70 percent carbonated water, 18 percent coca leaves extract concentrate, 11.5 percent sweetening, and small quantities of various additives, including citric acid and sodium benzoate. It is understood that the sweetening will be cane sugar. The product will be imported in 250 cc glass or PET bottles, and in 350 cc tinplate soda cans.

The applicable subheading for the Coca Sek will be 2202.10.0040, 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, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored: Carbonated soft drinksother. 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 2202.10.0040, HTS, which are products of Columbia 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 merchandise may be subject to the requirements of the Controlled Substances Act and/or the Controlled Substances Import and Export Act, which are administered by the Drug Enforcement Administration (DEA). You may contact DEA at:

Drug Enforcement Administration
2401 Jefferson Davis Hwy.
Alexandria, VA 22301
Telephone: (202) 307-1000

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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