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NY A83461




May 10, 1996

CLA-2-20:RR:NC:FC:232 A83461

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.90.4000

Mr. Joel Horowitz
Mara Shipping Inc.
Hemisphere Center, Rte. 1&9 South
Newark, New Jersey 07114

RE: The tariff classification of an apple/elderberry juice concentrate from Holland.

Dear Mr. Horowitz:

In your letter dated May 7, 1996, on behalf of SVZ International B.V. in Holland, you requested a tariff classification ruling.

A sample was included with your initial request dated December 15, 1995. Additional information was submitted in a letter dated February 9, 1996. The subject merchandise is stated to contain a blend of 98 percent apple juice concentrate and 2 percent elderberry juice concentrate. Apples (fresh, frozen or puree) from Germany, Turkey and Poland will be processed into concentrated juice in Germany. This concentrated juice will be sent to Holland where it will be blended with elderberry juice concentrate produced in Holland from elderberries (fresh, frozen, puree) from Hungary and Poland. The submitted sample indicates that the product is concentrated to a 65 Brix and contains 3.13 malic acid. The submitted information indicates that the malic acid is from the juice and is not an added ingredient.

The applicable subheading for the apple/elderberry juice concentrate will be 2009.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Fruit juices...not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter...mixtures of juices...other. The rate of duty will be 8.6 cents per liter.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist John Maria at 212-466-5730.

Sincerely,

Roger J. Silvestri
Director,

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