The tariff classification of "Chocolate Caldo Caldo" from Italy

NY K82719 February 26, 2004 CLA-2-22:RR:NC:SP:232 K82719 CATEGORY: Classification TARIFF NO.: 2202.90.1000 Ms. Mirella Menglide Italian Trade Commission 33 East 67th Street New York, NY 10021 RE: The tariff classification of “Chocolate Caldo Caldo” from Italy Dear Ms. Menglide: In your letter received January 27, 2004, on behalf of Nuova Bit srl, you requested a tariff classification ruling. You submitted product samples, a merchandise catalog, and descriptive literature with your request. Further information was provided in phone conversations on February 23, 2004 and February 25, 2004. The subject merchandise is a non-carbonated beverage that will be imported for retail sale in 75-ml plastic self-heating containers. The item under consideration is called “Chocolate Caldo Caldo”, and is said to consist of water, sugar, skimmed milk powder, cocoa powder, and starch. The applicable subheading for the “Chocolate Caldo Caldo” will be 2202.90.1000, 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: Milk-based drinks: Chocolate milk drink. The duty rate will be 17 percent ad valorem. 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 (646) 733-3031. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division