Modification of New York Ruling Letters (NYRL) 818772, DatedFebruary 2, 1996, And A83119, Dated May 15, 1996; Most Favored Nation Status;Federal Republic of Yugoslavia

HQ 959591 December 5, 1997 CLA-2 RR:CR:GC 959591K CATEGORY: Classification TARIFF NO.: 2204.21.50; 2208.90.12 Mr. Don Fanelli World Wide Wine & Spirit Importers, Inc. 40 Oak Street Norwood, New Jersey 07648 RE: Modification of New York Ruling Letters (NYRL) 818772, Dated February 2, 1996, And A83119, Dated May 15, 1996; Most Favored Nation Status; Federal Republic of Yugoslavia Dear Mr. Fanelli: In the above-referenced rulings, the Customs Service quoted the general rates of duties for the products covered by the rulings, and, through inadvertence, did not quote the column 2 rates of duties applicable for products from the Federal Republic of Yugoslavia. Accordingly, we are modifying those rulings to include the applicable column 2 rates of duties FACTS: In response to your request of January 24, 1996, Customs issued NYRL 818772, dated February 2, 1996, and correctly classified the described product, plum brandy, in subheading 2208.90.12, Harmonized Tariff Schedule of the United States (HTSUS). In response to your request of April 22, 1996, Customs issued NYRL A83119, dated May 15, 1996, and correctly classified certain described wines in subheading 2204.21.50, HTSUS. Those rulings quoted the general rates of duties. However, they did not quote the applicable column 2 rates of duties for products from the Federal Republic of Yugoslavia. ISSUE: Whether the column 2 rates of duties are applicable for products from the Federal Republic of Yugoslavia (Serbia and Montenegro) LAW AND ANALYSIS: Under Public Law 102-420, dated October 16, 1992 (see historical and statutory note to 19 U.S.C. 2434), Congress withdrew nondiscriminatory treatment from goods that are products of Serbia or Montenegro (the Federal Republic of Yugoslavia), unless the President certifies to the Congress that the Federal Republic of Yugoslavia has met certain conditions. As of this date, the President has not issued such a certification. Accordingly, the column 2 rates of duties are applicable for products from the Federal Republic of Yugoslavia and remain in effect until such time that the President issues a certification of compliance with the conditions of Public Law 102-420. HOLDING: The column 2 rates of duties applicable for products from the Federal Republic of Yugoslavia (for both 1996 and 1997) are 33 cents per liter for subheading 2204.21.50, HTSUS, and $2.35 per proof liter for subheading 2208.90.12, HTSUS (plus applicable Federal Excise Taxes). NYRLs 818772, dated February 2, 1996, and A83119, dated May 15, 1996, are modified to show the applicable column 2 rates of duties for products from the Federal Republic of Yugoslavia. Sincerely, John Durant, Director Commercial Rulings Division