The tariff classification of various Econo Juice Drinks from Colombia

N159981 May 4, 2011 CLA-2-22:OT:RR:NC:2:235 CATEGORY: Classification TARIFF NO.: 2202.10.0060 Ms. Gladys Flores Jose G. Flores, Inc. #27 Diana Street Amelia Distribution Center Guaynabo, PR 00968 RE: The tariff classification of various Econo Juice Drinks from Colombia Dear Ms. Flores: In your letter dated April 11, 2011, you requested a tariff classification ruling on behalf of Supermercados Econo, Inc. You submitted descriptive literature with your request. The subject merchandise consists of three varieties of non-alcoholic drinks marketed as juice drinks. Although the literature makes no statement about its carbonation status, the products are understood to be non-carbonated. They will be imported in ready to drink pouches. There will be ten pouches per carton and the three flavors are grape, kiwi-strawberry and fruit punch. All of the drinks are said to contain water, sugar, apple juice concentrate, citric acid, natural and artificial flavor. Juice content for each product is stated on ingredients label to be 2 Percent. The applicable subheading for all three of the juice flavored drinks will be will be 2202.10.0060, 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 included 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 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 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. 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