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NY 812565




July 31, 1995

CLA-2-20:S:N:N7:232 812565

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.80.6090

Ms. Nilda P. de Manso
Rene Ortiz Villafane, Inc.
P.O. Box 2562
San Juan, Puerto Rico 00920

RE: The tariff classification of passion fruit juice from Ecuador.

Dear Ms. de Manso:

In your letter dated June 30, 1995, on behalf of Procesadora Campofresco, Inc., of Santa Isabel, Puerto Rico, you requested a tariff classification ruling.

You submitted information and a flow chart detailing the process of manufacturing the product in question. The subject merchandise is purchased from Inversiones Agricolas y Ganaderas Guayas S.A.. You state that the product has impurities extracted and is further refined by passing through a de-pulper with a 0.5 mm mesh sieve and a centrifuge. Only the expressed liquid (the juice) proceeds to the final stages of pasteurization, de- aeration, concentration and cooling. The product is concentrated at 50 Brix and imported deep frozen at -18oC/0oF, packed in two sealed polyethylene bags per 55 gallon steel drum. Although in your ruling request you called the merchandise "passion fruit pulp", it is really passion fruit juice by nature of the refining and production operation as you describe it. The manufacturing processes take the product beyond the fruit and pulp stage.

The applicable subheading for the passion fruit juice will be 2009.80.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: juice of any single fruit or vegetable: fruit juice: other... other. The rate of duty will be 0.8 cents per liter.

Articles classifiable under subheading 2009.80.6090, HTS, which are products of Ecuador are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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