CLA-2 RR:CR:GC 959591K
Mr. Don Fanelli
World Wide Wine & Spirit Importers, Inc.
40 Oak Street
Norwood, New Jersey 07648
RE: Modification of New York Ruling Letters (NYRL) 818772, Dated
February 2, 1996, And
A83119, Dated May 15, 1996; Most Favored Nation Status;
Federal Republic of Yugoslavia
Dear Mr. Fanelli:
In the above-referenced rulings, the Customs Service quoted
the general rates of duties for the products covered by the
rulings, and, through inadvertence, did not quote the column 2
rates of duties applicable for products from the Federal Republic
of Yugoslavia. Accordingly, we are modifying those rulings to
include the applicable column 2 rates of duties
FACTS:
In response to your request of January 24, 1996, Customs
issued NYRL 818772, dated February 2, 1996, and correctly
classified the described product, plum brandy, in subheading
2208.90.12, Harmonized Tariff Schedule of the United States
(HTSUS). In response to your request of April 22, 1996, Customs
issued NYRL A83119, dated May 15, 1996, and correctly classified
certain described wines in subheading 2204.21.50, HTSUS. Those
rulings quoted the general rates of duties. However, they did
not quote the applicable column 2 rates of duties for products
from the Federal Republic of Yugoslavia.
ISSUE:
Whether the column 2 rates of duties are applicable for
products from the Federal Republic of Yugoslavia (Serbia and
Montenegro)
LAW AND ANALYSIS:
Under Public Law 102-420, dated October 16, 1992 (see
historical and statutory note to 19 U.S.C. 2434), Congress
withdrew nondiscriminatory treatment from goods that are products
of Serbia or Montenegro (the Federal Republic of Yugoslavia),
unless the President certifies to the Congress that the Federal
Republic of Yugoslavia has met certain conditions. As of this
date, the President has not issued such a certification.
Accordingly, the column 2 rates of duties are applicable for
products from the Federal Republic of Yugoslavia and remain in
effect until such time that the President issues a certification
of compliance with the conditions of Public Law 102-420.
HOLDING:
The column 2 rates of duties applicable for products from
the Federal Republic of Yugoslavia (for both 1996 and 1997) are
33 cents per liter for subheading 2204.21.50, HTSUS, and $2.35
per proof liter for subheading 2208.90.12, HTSUS (plus applicable
Federal Excise Taxes).
NYRLs 818772, dated February 2, 1996, and A83119, dated May
15, 1996, are modified to show the applicable column 2 rates of
duties for products from the Federal Republic of Yugoslavia.
Sincerely,
John Durant, Director
Commercial Rulings Division