The tariff classification of Fruit Drinks from the Dominican Republic

NY G88895 April 18, 2001 CLA-2-22:RR:NC:SP:232 G88895 CATEGORY: Classification TARIFF NO.: 2202.10.0060 Ms. Cheryl Ellsworth Harris Ellsworth & Levin The Watergate 2600 Virginia Avenue NW, Suite 1113 Washington, DC 20037-1905 RE: The tariff classification of Fruit Drinks 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 three varieties of fruit drink. Various juice concentrates will be reconstituted with the addition of water and mixed with other ingredients, then they are homogenized and pasteurized. The finished product is then put into 12-ounce cans for retail sale and immediate consumption. According to the samples submitted, the “Famosa Drink Fruit Punch” is said to contain water, sugar, pineapple juice concentrate, orange juice concentrate, citric acid, flavors, ascorbic acid, gum arabic, and colors. The “Uvita Drink” is said to consist of water, sugar, grape juice concentrate, citric acid, gum arabic, flavors, and colors. The third item is called “Puerto Rican Fruit Punch”. The applicable subheading for the “Famosa Drink Fruit Punch” and the “Uvita Drink” will be 2202.10.0060, 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: 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. Articles classifiable under subheading 2202.10.0060, 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". Your inquiry does not provide enough information for us to give a classification ruling on the “Puerto Rican Fruit Punch”. Your request for a classification ruling should include the actual percentages of all the ingredients, especially the guava pulp. When this information is available, you may wish to consider resubmission of your request. Your sample will be retained for a period of thirty days. If you decide to resubmit, please mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section. 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