The tariff classification of “Maravilla Apple Nectar” from Guatemala

NY G88077 March 21, 2001 CLA-2-22:RR:NC:SP:232 G88077 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Rafael Acosta Castrodad Acover Imports, Inc. Call Box 4961, Suite 156 Caguas, Puerto Rico 00726 RE: The tariff classification of “Maravilla Apple Nectar” from Guatemala Dear Mr. Acosta Castrodad: In your letter dated February 26, 2001, you requested a tariff classification ruling. You submitted descriptive literature and a product sample with your request. The merchandise in question is “Maravilla Apple Nectar”. This is a non-carbonated beverage that will be imported in 11.5-ounce cans for retail sale. It is stated to contain water, apple purée, sugar, malic acid, ascorbic acid, and natural apple flavor. The applicable subheading for the “Maravilla Apple Nectar” 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. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides, in general, that all articles of foreign origin imported into the United States must be legibly, conspicuously, and permanently marked to indicate the English name of the country of  origin to an ultimate purchaser in the United States. The implementing regulations to 19 U.S.C. 1304 are set forth in Part 134, Customs Regulations (19 CFR Part 134). The sample you have submitted does not appear to be properly marked with the country of origin. You may wish to discuss the matter of country of origin marking with the Customs import specialist at the proposed port of entry. Articles classifiable under subheading 2202.90.9090, HTS, which are products of Guatemala 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