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NY M81796

April 21, 2006

CLA-2-22:RR:NC:SP:232 M81796


TARIFF NO.: 2202.90.9090

Mr. Michael E. Roll
Pisani & Roll
1875 Century Park East, Suite 600
Los Angeles, CA 90067

RE: The tariff classification of “Milo” from Malaysia

Dear Mr. Roll:

In your letter dated March 27, 2006, on behalf of Nestlé U.S.A., Inc., you requested a tariff classification ruling.

An ingredient breakdown was submitted with your request. A sample and information were submitted with your initial request dated February 23, 2006. The sample consists of a metal can, which contains eight fluid ounces. It is labeled “Nestlé Milo” and “Nutritional Energy Drink.” You describe the merchandise as a malt flavored chocolate beverage drink. The main ingredients in the product include water, sucrose, nonfat milk, malt extract, cocoa powder, butterfat and palm olein. The merchandise is also fortified with various vitamins and minerals. The product is ready for consumption and will be sold at retail sale.

The applicable subheading for the “Milo” 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, not including fruit or vegetable juices of heading 2009: Other: OtherOther. The duty rate 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/.

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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