CLA-2-22:OT:RR:NC:232
Mr. Adam A. Farouk
Imperial Chilled Juice
265 Courtneypark Drive East
Mississauga Ontario
L5T2T6 Canada
RE: The tariff classification of assorted juice drinks from Canada
Dear Mr. Farouk:
In your letter dated December 1, 2008 you requested a tariff classification ruling.
Samples and information were submitted with your initial request. All five products are described as juice drinks made in Canada. Orange Strawberry Banana is said to contain filtered water, orange juice concentrate, a mixture of apple juice concentrate and strawberry puree, natural flavors, and pineapple juice concentrate. Orange Raspberry Passionfruit is said to contain filtered water, orange juice concentrate, a mixture of apple juice concentrate and raspberry puree, natural flavors and passionfruit concentrate. Orange Mango is said to contain filtered water, orange juice concentrate, a mixture of apple juice concentrate and mango puree and natural flavors. Raspberry Lemonade, Peach Punch and Tropical Punch are all said to contain filtered water, liquid sucrose, natural flavors, citric acid and sodium benzoate. All of the juice drinks will be packaged in HDPE bottles and will be sold to a domestic distribution company in the United States.
The applicable subheading for the Orange Strawberry Banana, Orange Raspberry Passionfruit, and Orange Mango will be 2202.90.3700, 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, not including fruit or vegetable juices of heading 2009: Other: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Mixtures of juices. The general rate of duty will be 0.2 cents per liter.
The applicable subheading for the Raspberry Lemonade, Peach Punch and Tropical Punch will be 2202.10.0060, 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, 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…Other. The duty rate 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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division