The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Chokeo from Canada; Article 509

NY 815425 October 17, 1995 CLA-2-22:R:N2:232 815425 CATEGORY: Classification TARIFF NO.: 2202.90.1000 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