CLA-2-22:R:N2:232 815425
Mr. Dimitri Fraeys de Veubeke
Groupe Lactel
1205 rue Ampere, bureau 101
Boucherville (Quebec) Canada J4B 7M6
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of Chokeo from
Canada; Article 509
Dear Mr. Fraeys de Veubeke:
In your letter dated September 28, 1995 you requested a
ruling on the status of Chokeo from Canada under the NAFTA.
Information was submitted with your initial request dated
August 3, 1995. The subject merchandise is described as a
chocolate milk drink. It is stated to contain approximately
94.689 percent partially skimmed milk, 4.098 percent sugar, 1.20
percent cocoa powder and small quantities of carrageenan, salt,
colors, artificial flavors and vitamins. The partially skimmed
milk, salt, colors and artificial flavors are products of Canada.
The sugar is produced in Australia, Belize or Fiji and refined in
Canada. The cocoa powder is a product of Holland, and the
carrageenan is of United States origin. The chocolate milk drink
is produced in Canada by combining and processing the various
ingredients. The merchandise will be imported in retail packages
of 6.76 fluid ounces.
The applicable tariff provision for the Chokeo will be
2202.90.1000, 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: milk-based drinks: chocolate milk drink.
The general rate of duty will be 19.5 percent ad valorem.
Each of the non-originating materials used to make the
Chokeo has satisfied the changes in tariff classification
required under HTSUSA General Note 12(t)/22. The Chokeo will be
entitled to a 6 percent ad valorem rate of duty under the NAFTA
upon compliance with all applicable laws, regulations, and
agreements.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
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 212-466-5730.
Sincerely,
Roger J. Silvestri
Director,
National Commodity
Specialist Division