The tariff classification of Orange Flavored Juice Drink and Citrus Punch from Guatemala

N219378 June 6, 2012 CLA-2-22:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: 2202.90.9090 Mr. Jason Hafemeister AFJ & Associates 1307 Dolley Madison Boulevard Suite 4C McLean, VA 22101 RE: The tariff classification of Orange Flavored Juice Drink and Citrus Punch from Guatemala Dear Mr. Hafemeister: In your letter dated May 29, 2012, on behalf of your client, Alimentos Maravilla, S.A., you requested a tariff classification ruling. You provided product labels for our review and a breakdown of component materials. The first subject merchandise, Sipi Drink Flavor Orange is made up of water, sugar, citric acid, sodium triacetate, modified starch, ascorbic acid (vitamin c), xanthan gum, orange natural and artificial flavor, sodium benzoate, potassium sorbate, FD & C yellow 5 and yellow 6. The second subject merchandise, Tampico Citrus Punch is made up of water, sugar, concentrate of juices of orange, tangerine and lemon, citric acid, xanthum gum, orange, tangerine and lemon natural flavors, ascorbic acid (vitamin c), sodium benzoate, potassium sorbate, vitamin A palmitate, FD & C yellow 5 and yellow 6. You have not indicated if these drinks are carbonated. Additionally, the product labels you provided are written in Spanish; please note that upon importation into the United States, these labels must be written in English. The applicable subheading for the Sipi Drink Flavor Orange and Tampico Citrus Punch 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/. Articles classifiable under the subheading 2202.90.9090 which are products of Guatemala may be entitled to duty free treatment under the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (DR-CAFTA) upon compliance with all applicable regulations. The DR-CAFTA 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 DR-CAFTA, check our Web site at www.cbp.gov and search for the term “DR-CAFTA”. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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) 733-3033. Sincerely, Thomas J. Russo Director National Commodity Specialist Division