CLA-2-22:S:N:N7:232 806323
Mr. Marco A. Castellon
M & M Exports
1002 Navahoe Drive
Silver Spring, MD 20903
RE: The tariff classification of fruit beverages from Bolivia.
Dear Mr. Castellon:
In your letter dated December 8, 1994, with additional
information supplied in a letter dated January 23, 1995, you
requested a tariff classification ruling.
Your query concerns the classification of nine different
flavors of fruit beverage which will be imported from Bolivia in
glass bottles each containing 10 ounces (300 milliliters). Each
flavor beverage contains water (from 73.185 to 83.220 percent),
either fruit pulp or pure fruit juice (6.67 to 16.67 percent),
sugar (9.5 or 10 percent), citric acid, sodium benzoate,
stabilizers, sorbic acid, sodium eritorbo and colorants. The
peach, guava, cherry, apple, quince and tamarind flavors are made
from fruit pulp, while the passion fruit, orange and curuba
flavors are made from pure fruit juice. A sample of one of the
beverages was forwarded with your request, and is being returned
herewith.
The applicable subheading for the peach, guava, cherry,
apple, quince and tamarind flavors 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...other...other. The
duty rate will be 0.3 cents per liter.
The applicable subheading for the passion fruit, orange and
curuba flavors will be 2202.10.0060, HTS, which provides for
waters, including mineral waters and aerated waters, containing
added sugar or other sweetening matter or flavored...other. The
rate of duty will be 0.3 cents per liter.
Articles classifiable under subheadings 2202.90.9090 and
2202.10.0060, HTS, which are products of Bolivia are entitled to
duty free treatment under the Andean Trade Preference Act (ATPA)
upon compliance with all applicable regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport