CLA-2-22:S:N:N7:232 807316

Mr. Conrad Penfield
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification of an orange julep drink from Canada.

Dear Mr. Penfield:

In your letter dated February 23, 1995, on behalf of Gibeau Orange Julep, you requested a tariff classification ruling.

Samples were included with your request. The samples consisted of two glass bottles each containing 300 milliliters of the product. The subject merchandise is stated to contain 88.10 percent water, 5.35 percent orange juice concentrate, 6.15 percent sugar, .33 percent skim milk powder and .07 percent pectin.

The applicable tariff provision for the orange julep drink will be 2202.90.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 general rate of duty will be 0.3 cents per liter.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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