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NY L83146




March 23, 2005

CLA-2-22:RR:NC:SP:232 L83146

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.12.4500; 2009.21.4040; 2009.41.2000; 2009.50.0010 2009.50.0090; 2009.71.0000

Mr. Astrid Wucherer
PAGO International GesmbH
Schrodingertrabe 61
A-9021 Klagenfurt
Austria

RE: The tariff classification of Pago Juices from Spain

Dear Mr. Wucherer:

In your letter dated March 1, 2005 you requested a tariff classification ruling.

The subject merchandise consists of five juices: tomato juice, grapefruit juice, apple juice, pineapple juice and orange juice with pulp. The tomato juice contains added salt and has a Brix of 5.7. The grapefruit juice is made from reconstituted grapefruit juice concentrate, and has a Brix of 10.0. The apple juice is made from reconstituted apple juice concentrate, and has a Brix of 11.4. The pineapple juice is made from reconstituted pineapple juice concentrate, and has a Brix of 12.8. The orange juice is made from reconstituted orange juice concentrate, and contains pulp. It has a Brix of 11.5. It is understood that the vitamin C content, shown under “Nutritional facts” for the grapefruit and orange juices, is the amount naturally found in these products. All of the products are ready to drink, and will be packaged in green glass bottles of 200 or 330 milliliters.

The applicable subheading for the orange juice with pulp will be 2009.12.4500, 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: Orange juiceNot frozen, of a Brix value not exceeding 20other. The duty rate will be 7.85 cents per liter.

The applicable subheading for the grapefruit juice will be 2009.21.4040, 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: Grapefruit juice: Of a Brix value not exceeding 20other. The duty rate will be 7.9 cents per liter.

The applicable subheading for the pineapple juice will be 2009.41.2000, 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: Pineapple juice: Of a Brix value not exceeding 20: Not concentrated, or having a degree of concentration of not more than 3.5 (as determined before correction to the nearest 0.5 degree). The duty rate will be 4.2 cents per liter.

The applicable subheading for the tomato juice, if the containers are airtight, will be 2009.50.0010, 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: Tomato juiceIn airtight containers. The duty rate will be 0.14 cents per liter. If the containers are not airtight, the applicable subheading for the tomato juice will be 2009.50.0090, 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: Tomato juiceOther. The duty rate will be 0.14 cents per liter.

The applicable subheading for the apple juice will be 2009.71.0000, 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: Apple juice: Of a Brix value not exceeding 20. The duty rate will be free.

This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at telephone number (301) 575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.

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 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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