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NY N018852

November 9, 2007



TARIFF NO.: 2202.90.9090

Ms. Margaret Eckert
German Agricultural Marketing Board
42 Lehigh Lane
Hicksville, NY 11801

RE: The tariff classification of “Dr. Martins Coco Drink” from Germany

Dear Ms. Eckert:

In your letter dated October 16, 2007, on behalf of your client Respectbio- Reiss, Sohn & Co. Marketing Consultants, of Germany, you requested a classification ruling. A sample was submitted for examination and disposed of.

The subject merchandise is described as organic coconut water. It is said to contain organic coconut water, organic apple juice concentrate, organic cocos flavor, ascorbic acid and water. It will be imported in 500ml elopacks for commercial and retail use.

The applicable subheading for the “Dr. Martins Coco Drink” 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/.

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 Frank Troise at 646-733-3031.


Robert B. Swierupski

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