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NY N016350




September 19, 2007

CLA-2-20:RR:NC:232

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.90.4000

Mr. Paul G. Rath
Brighton International Products Corporation 36 Tanglewood Drive West
Orchard Park, NY 14127

RE: The tariff classification of blended fruit juice concentrates from Canada

Dear Mr. Rath:

In your letter dated August 29, 2007 you requested a tariff classification ruling.

Ingredient breakdowns were forwarded with your request. Concord Red Grape Blend is a fruit juice concentrate comprised of 10 percent concord grape juice concentrate with a Brix value of 68, 50 percent red grape juice concentrate with a Brix value of 68, and 40 percent white grape juice concentrate with a Brix value of 68. Concord Pink Grape Blend is a fruit juice concentrate comprised of 5 percent grape juice concentrate with a Brix value of 68, 15 percent red grape juice concentrate with a Brix value of 68, and 80 percent white grape juice concentrate with a Brix value of 68. Multi-fruit blend is a fruit juice concentrate comprised of 50 percent apple juice concentrate with a Brix Value of 70, 10 percent raspberry juice concentrate with a Brix value of 65, and 50 percent white grape juice concentrate with a Brix value of 68. The country of origin for the concord grape juice concentrate, red grape juice concentrate and raspberry concentrate will be the United States. The country of origin for the white grape juice concentrate will be Argentina. The country of origin for the apple juice concentrate will be China. All of these products will be imported into the United States in 55 gallon drums and will be sold to manufacturers and food-service operators. You state that the products may or may not contain small amounts of essence from the named fruits in the blend.

The applicable subheading for the Concord Red Grape Blend, Concord Pink Grape Blend and Multi-Fruit Blend will be 2009.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), 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 7.4 cents per liter.

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/.

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 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 Frank Troise at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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