CLA-2-22:RR:NC:SP:232 G88971
Ms. Cheryl Ellsworth
Harris Ellsworth & Levin
The Watergate
2600 Virginia Avenue NW, Suite 1113
Washington, DC 20037-1905
RE: The tariff classification of Fruit Nectars from the Dominican Republic
Dear Ms. Ellsworth:
In your letter dated March 20, 2001, on behalf of Empresas La Famosa, Inc. (ELF), of Toa Baja, Puerto Rico, you requested a tariff classification ruling.
You submitted descriptive literature and samples with your request. The subject merchandise is five varieties of fruit “nectars” that will be mixed, homogenized, pasteurized, and then put into 12 ounce cans for retail sale and immediate consumption. The guava-pineapple nectar is said to contain water, pineapple juice concentrate, guava pulp concentrate, sugar, citric acid, guar gum, color, and ascorbic acid. The peach nectar is described as water, peach pulp concentrate, sugar, citric acid, guar gum, and ascorbic acid. The apricot nectar is stated to consist of water, apricot pulp concentrate, sugar, citric acid, guar gum, and ascorbic acid. The pear nectar is said to be water, pear pulp concentrate, sugar, citric acid, guar gum, ascorbic acid, and pear essence. The last flavor, mango nectar, is said to consist of water, mango purée, sugar, citric acid, and guar gum.
The applicable subheading for all these fruit nectar products 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 0.2 cents per liter.
Articles classifiable under subheading 2202.90.9090, HTS, which are products of the Dominican Republic may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "GSP".
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 John Maria at 212-637-7059.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division