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NY R02668




November 2, 2005

CLA-2-20:RR:NC:SP:232 R02668

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.79.0020

Mr. Paul Frewin
ENZAFOODS New Zealand Limited
PO Box 45
Hastings, New Zealand 4215

RE: The tariff classification of apple juice concentrate from China

Dear Mr. Frewin:

In your letter dated October 10, 2005 you requested a tariff classification ruling.

Technical information was submitted with your request. The subject merchandise is an apple juice concentrate with a Brix of 70 degrees. It is noted that the Brix is not corrected for acidity. The apple juice concentrate does not contain additives, preservatives, acidity regulators, added sugars, colorings or flavoring. The product will be imported chilled and will be packaged in polyethylene liners inside 200 liter steel drums, or 1000 liter wooden bins or in bulk tankers. The merchandise will be used in the manufacture of beverages.

The applicable subheading for the apple juice concentrate will be 2009.79.0020, 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 matterapple juiceotherother. The rate of duty will be free.

The merchandise in question may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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