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NY B86438




June 24, 1997

CLA-2-20:RR:NC:SP:232 B86438

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.80.6090

Mr. Peter D. Alberdi
A.J. Arango, Inc.
P.O. Box 75062
Tampa. FL 33675-5062

RE: The tariff classification of Apricot Juice from Argentina.

Dear Mr. Alberdi:

In your letter dated June 2, 1997, on behalf of Sunbase, USA, Inc., of Tampa, Florida, you requested a tariff classification ruling.

You submitted a sample plus information and a flow chart detailing the process of manufacturing the product in question. The subject merchandise is purchased from Guinagro Fruit Purees and Concentrates S.A.. You state that the product has impurities extracted and is further refined by passing through a pulper-pitter with a 0.25 inch mesh screen and then further through a finisher screen with 0.02 inch perforations. Only the expressed liquid (the juice) proceeds to the final stages of evaporation, concentration, pasteurization, and cooling. The product is concentrated at 32 Brix and imported packed in aseptic plastic bags in 55 gallon metal drums. Although in your ruling request you called the merchandise "apricot concentrate" and the sample is marked "apricot puree", it is really apricot 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 apricot 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, not fortified with vitamins or minerals, 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 0.3 cents per liter.

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

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

A copy of this 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,

Gwenn Klein Kirschner

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