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HQ 952115


December 17, 1992

CLA-2-CO:R:C:F 952115 K

CATEGORY: CLASSIFICATION

TARIFF NO: 2009.80.6020

Paul C. Rosenthal, Esq.
Collier, Shannon, Rill & Scott
Attorneys-at-Law
3050 K Street, N.W., Suite 400
Washington, D.C. 20007

RE: Tariff Classification of Concentrated Cranberry Juice Made In Sweden With Use of Raw Cranberries From Russia

Dear Sir:

Your request for a ruling dated July 1, 1992, is limited to the issue of country of origin of concentrated cranberry juice for purposes of classification under the Harmonized Tariff Schedule of the United States (HTSUS). This ruling is not a definitive ruling for other Customs laws such as marking of country of origin, drawback, or warehouse laws. Our decision follows.

FACTS:

Raw cranberries from Russia are shipped to Sweden where they are blended, crushed, pressed, and depectinized. The essence is stripped and the juice is filtered and concentrated to 65 degrees Brix. The concentrated cranberry juice and the essence in separate drums are shipped to the United States.

ISSUE:

The issue is whether concentrated cranberry juice made in Sweden with the use of raw cranberries from Russia is classifiable under subheading 2009.80.6020, HTSUS, as a product of Sweden or is subject to other duty treatment based on different countries of origin of the cranberries.

LAW AND ANALYSIS:

We are of the opinion that raw cranberries from Russia that are processed into concentrated cranberry juice in Sweden, an intermediary country, transforms the character, appearance, identity, and/or the use of the raw merchandise and that a new and different article of commerce emerges. The test set forth by the Court of International Trade has been met in this case and the cranberry juice is a product of Sweden. See Headquarters Letter 084346, dated August 8, 1989.

HOLDING:

Concentrated cranberry juice made in Sweden with the use of raw cranberries from Russia is a product of Sweden and is classifiable under the Column 1 rate of duty of 0.8 cents per liter, according to subheading 2009.80.6020, HTSUS.

Sincerely,

John Durant, Director

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