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J88167 J8 Ruling Active

The tariff classification of NESQUIK Chocolate Drink from Ecuador

Issued September 12, 2003 by U.S. Customs and Border Protection.

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J8 J88167 (September 12, 2003)

Tariff classification

HTS codes: 2202.90.1000

Headings: 2202

Product description

The subject merchandise is stated to contain 92 percent skim milk, 6 percent sugar and 2 percent cacao and stabilizer mix. The product will be imported in 200 milliliter porta packs, with 30 packs to a case.

CBP rationale

The applicable subheading for the NESQUIK Chocolate Drink 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.

Full text

NY J88167 September 12, 2003 CLA-2-22:RR:NC:SP:232 J88167 CATEGORY: Classification TARIFF NO.: 2202.90.1000 Mr. Felipe Rosado RV Trading Inc. Diamond Village C1 A2 Caguas, PR 00725 RE: The tariff classification of NESQUIK Chocolate Drink from Ecuador Dear Mr. Rosado: In your letter dated August 20, 2003 you requested a tariff classification ruling. The subject merchandise is stated to contain 92 percent skim milk, 6 percent sugar and 2 percent cacao and stabilizer mix. The product will be imported in 200 milliliter porta packs, with 30 packs to a case. The applicable subheading for the NESQUIK Chocolate Drink 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

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