The tariff classification and status under the Dominican Republic –Central America-United States Free Trade Agreement (DR-CAFTA) of Crema Latina and Frescao from Nicaragua

N051824 March 10, 2009 CLA-2-22:OT:RR:NC:232 CATEGORY: Classification TARIFF NO.: 2202.90.1000 Ms. Jane L. Taegar Samuel Shapiro & Company, Inc. One Charles Center 100 N. Charles Street, Suite 1200 Baltimore, MD 21201 RE: The tariff classification and status under the Dominican Republic –Central America-United States Free Trade Agreement (DR-CAFTA) of Crema Latina and Frescao from Nicaragua Dear Ms. Taegar: In your letter dated February 12, 2009, on behalf of your client, Rio Grande Food Importations, Inc., you requested a ruling on the status of two products, Crema Latina and Frescao, from Nicaragua under the DR-CAFTA. A sample was submitted previously and ingredient breakdown accompanies your letter. The sample was examined and disposed of. The product, “Frescao” is described as a cacao (chocolate) milkshake. It is said to contain 81.65 percent skim milk, 10.34 percent refined sugar, 2.45 percent fat, 2.33 percent water, 1.92 percent cocoa, 1.12 percent rice, .12 percent vanilla extract, .05 percent cinnamon, .01 percent of sodium benzoate and .01 percent potassium sorbate. The milk has been fortified with vitamins A and D. Frescao is packed in a 1 liter Tetrapak container as a ready to use consumer beverage. The applicable subheading for the “Frescao” will be 2202.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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. “Frescao” being wholly obtained or produced entirely in the territory of Nicaragua, will meet the requirements of HTSUS General note 29(b)(i) and will therefore be entitled to a free rate of duty, when classified under subheading 2202.90.1000, HTS, under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements.  Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. Your inquiry does not provide enough information for us to give a classification ruling on the Crema Lantina. Your request for a classification ruling should include a sample of this product, for laboratory analysis, percentage breakdown of all ingredients (by weight) and a detailed description of the manufacturing process. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Nathan Rosenstein (chapter 4) at (646) 733-3030, and National Import Specialist Frank Troise (chapter 22) at (646) 733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division