United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0084288 - HQ 0084419 > HQ 0084346

Previous Ruling Next Ruling

---

HQ 084346

August 8,1989

CLA-2 CO:R:C:G

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.80.6000; 9903.23.30

Mr James J.Antonetti
Henry Broch and Company
International Food Brokers
9933 Lawler Ave.
Suite 340
Skokie, Ill. 60077

RE: Classification of Cranberry Juice Concentrate

Dear Mr. Antonetti:

This is in reference to your inquiry concerning the classification of cranberry juice concentrate from Holland.

FACTS:

Cranberries grown in the United States are harvested, washed, blast frozen and packed in 50 pound bags. They are then sent to Holland and mixed with European cranberries in approximately a 50/50 ratio. The blended cranberries are crushed, pressed, and depectinized. The essence is stripped and the juice filtered and concentrated to about 68-70 degrees Brix. The essence is then added back to the juice. About 90 pounds of cranberries are used to make one gallon of cranberry juice concentrate.

ISSUE:

The classification of cranberry juice concentrate produced in Holland from a mixture of U.S. and European cranberries.

LAW AND ANALYSIS:

Presidential Proclamation No. 5759 assessed a duty of 100 percent ad valorem on certain products of the European Community (EC). Subheading 9903.23.30,HTSUS, levies the increased duty on certain fruit juices not specially provided for, concentrated or not concentrated, whether or not sweetened, not mixed and not containing over 0.5 percent ethyl alcohol by volume ( provided for in subheading 2009.80.60).

Holland is a member ofthe EC and cranberry juice is classifiable in subheading 2009.80.6000, HTSUS.

The blending, crushing, pressing, filtering and other processing steps in Holland of the mixed cranberries produce a new article: juice concentrate. Thus, the processing in Holland is considered a substantial transformation; such processing having created a new article of commerce, with a new name, character, and use.

As to your question concerning subheading 9813.00.05, HTSUS, to be classified under that provision, an article imported into the United States has to be repaired, altered or processed and then exported within 1 year of date of importation.

HOLDING:

Cranberry juice concentrate produced in Holland from a mixture of U.S. and European cranberries is a product of Holland, and pursuant to subheading 9903.23.30, HTSUS, subject to a duty rate of 100 percent ad valorem as a product of the EC.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also:

• Tariff No.: 2009.80.60 - Juice of any other single fruit, nesi, (including cherries and berries), concentrated or not concentrated
• Tariff No.: 9813.00.05 - Articles to be repaired, altered or processed (including processes which result in articles manufactured or produced in the United States)