The tariff classification of Pascual® Vive Soy, Soya Drink with Chocolate from Spain

N155397 April 8, 2011 CLA-2-22:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Ricardo M. Ortiz P.O. Box 810179 AMF Station Carolina, P.R. 00981-0179 RE: The tariff classification of Pascual® Vive Soy, Soya Drink with Chocolate from Spain Dear Mr. Ortiz: In your letter dated March 16, 2011, you requested a tariff classification ruling on behalf of V. Suarez & Company. The instant product is called Pascual® Vive Soy, Soya Drink with Chocolate. Per your letter, it consists of the following ingredients: water, soya beans, sugar, skimmed milk, cocoa powder, calcium salt, stabilizers (cellulose, carrageenan), flavour, salt, sweeteners (acesulfame K, sucralose), and Vitamins A & D. It will be imported ready for retail sale and will be consumed as a beverage. The applicable subheading for the Pascual® Vive Soy, Soya Drink with Chocolate will be 2202.90.9090, 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: Other: Other.” The rate of duty will be 0.2 cents per liter. 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 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division