CLA-2-22:RR:NC:SP:232 E81749
Mr. Martin Sokoloff
Wedgie Dietetic Foods, Inc.
26 20th Street
Brooklyn, NY 11232
RE: The tariff classification of Beverages from Denmark.
Dear Mr. Sokoloff:
In your letter dated April 26, 1999, you requested a tariff classification ruling.
You submitted descriptive literature with your request. The subject merchandise is said to be various beverages which will be imported for retail sale in 11 ounce bottles. Four of the products are said to be carbonated. The “Lemon Squeezer” flavor is said to be composed of 78 percent water, 10 percent cane sugar, and 12 percent lemon juice and natural flavors. The “Aqua Lemon” flavor is described as being 95 percent water and 5 percent lemon juice and natural flavors. The “Pineapple/orange” flavor is stated to contain 80 percent water, 10 percent agave syrup, 5 percent pineapple juice and 5 percent orange juice. The “Apricot/orange” flavor is said to consist of 80 percent water, 10 percent agave syrup, 5 percent apricot juice and 5 percent orange juice. All fruit juice ingredients of these flavors are stated to be single strength and not from concentrate.
The fifth product, the “Ice Tea” flavor, is differently composed and is not carbonated. It is said to consist of 98 percent reconstituted apple juice (brix value of 11 percent) and 2 percent lemon juice and natural tea flavor.
The applicable subheading for the “Lemon Squeezer”, the “Aqua Lemon”, the “Pineapple/orange”, and the “Apricot/orange”
flavors will be 2202.10.0040, 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: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored...Carbonated soft drinks: Other. The rate of duty will be 0.2 cents per liter.
The applicable subheading for the “Ice Tea” flavor 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 rate of duty will be 0.2 cents per liter.
Additional requirements may be imposed on these products by the Food and Drug Administration. You may contact the FDA at:
Food and Drug Administration Guidelines and Regulations Branch HFF 314, 200 C Street, S.W. Washington, D.C. 20204
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this 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 212-637-7059.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division