HQ 0085369 - Concentration of Grape Juice - United States International Trade Commision Rulings

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HQ 085369

December 19,1989

CLA-2 CO:R:C:G 085369 JGH

CATEGORY: CLASSIFICATION

Mr. Albert Grunstein
G.B. International, Inc.
25 Commerce Drive
Cranford, New Jersey 07016

RE: Concentration of Grape Juice

Dear Mr. Grunstein:

Your letter of August 11, 1989, concerns the degree of concentration for grape juice for tariff purposes.

FACTS:

You state that you have been entering red and white grape juice concentrates of the Vitis Vinifera varieties at a degree of concentration of 3.16/3.25, using a 68/70 degree brix concentrate from minimum single strength of juice at 21.5 degrees brix. You add that Customs changed the level of concentration to 4 times that of single strength.

ISSUE:

The correct degree of concentration for grape juice concentrate produced from Vitis Vinifera varieties of grapes.

LAW AND ANALYSIS:

Submitted in support of your position was a statement from a consultant, who stated that the typical soluble solids content of single strength red grape juice of Vitis Vinifera varieties is 21.5%, as determined by refractometer,corrected to 20 degrees centigrade, but not corrected for acidity. He further stated that a typical grape juice concentrate contains 70% soluble solids by refractomer, and that since 70/21.5 = 3.25 times concentration, it would take 3.25 lbs. of single strength juice to make one pound of concentrate.

Customs published the table of the degrees of concentration of natural juices as CIE 21/84. This table includes the brix values and degrees of concentration for grape juice made from the Vitis Vinifera varieties. For a grape juice with a brix of 68/70 degrees, there is a degree of concentration of 4. The degree of concentration is not determined by simply dividing the brix of the unconcentrated juice into the brix of the concentrated, but, in addition, allowances must be made for the acid content and the differences in the specific gravity of the concentrated and unconcentrated juices.

HOLDING:

For tariff purposes, the degree of concentration of grape juice made from Vitis Vinifera grapes having a brix of 68/70 degrees is 4.

Sincerely,

John Durant, Director

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