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NY M81284




April 5, 2006

CLA-2-17:RR:NC:SP:232 M81284

CATEGORY: CLASSIFICATION

TARIFF NO.: 1702.90.9000

Mr. Frederic D. Van Arnam, Jr.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: The tariff classification of Deionized Clarified Pineapple Juice Concentrate from Indonesia

Dear Mr. Van Arnam:

In your letter dated March 17, 2006, on behalf of Hartog Foods Inc., you requested a tariff classification ruling.

A flow chart and a chemical analysis were submitted with your request. A sample and information were submitted with your previous requests dated November 8, 2005 and January 10, 2006.

The subject merchandise is produced from pineapple skins and undersized pineapple fruit. You indicate that clarified pineapple juice is deionized, by passing it through two ion exchange columns. This process removes the color, flavor, and acidity from the juice. You advise that the product has a standard Brix within the range of 71.0 to 73.5. The submitted laboratory analysis indicates that the merchandise has a Brix of 72, and contains 21 percent fructose, 31.5 percent glucose and 19.5 percent sucrose. The product will be packaged in aseptic bags inside polyethylene bags, which are inside 55 gallon steel drums.

The applicable subheading for the Deionized Clarified Pineapple Juice Concentrate will be 1702.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other sugarssugar syrups not containing added flavoring or coloring matterother, including invert sugar and other sugar and syrup blends containing in the dry state 50 percent by weight of fructoseotherother. The rate of duty will be 5.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The Deionized Clarified Pineapple Juice Concentrate cannot be classified under subheading 1702.40.40, HTS, because, based on the ingredients, it is not a glucose syrup.

Articles classifiable under subheading 1702.90.9000, HTSUS, which are products of Indonesia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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