CLA-2-22:RR:NC:SP:232 G86210
Ms. Jean Aiello
International Trade Logistics, Inc.
2525 Brunswick Avenue Suite 200
Linden, NJ 07036
RE: The tariff classification of Juvital “fruit juices” from Spain
Dear Ms. Aiello:
In your letter dated December 21, 2000, on behalf of Iberia Foods, you requested a classification ruling.
Samples and information were submitted with your initial request dated November 14, 2000. Your original request also asks for the marking and labeling requirements of the products. The subject merchandise will be imported in three varieties: Passion Fruit & Peach, Orange & Banana, and Pineapple & Orange. The Passion Fruit & Peach product is stated to contain 58.49 percent water, 14 percent peach puree, 6 percent passion fruit concentrate, 9.92 percent sugar, 8 percent skim milk powder, 2 percent cereal, 1 percent citric acid, 0.36 percent stabilizer, and various quantities of calcium and vitamins. The Orange & Banana product contains 59.33 percent water, 14 percent orange concentrate, 6 percent banana puree, 9.09 percent sugar, 8 percent skim milk powder, 2 percent cereal, 1 percent citric acid, 0.36 percent stabilizer, and various quantities of calcium and vitamins. The Pineapple & Orange product contains 59.01 percent water, 12 percent pineapple concentrate, 8 percent orange concentrate, 9.40 percent sugar, 8 percent skim milk powder, 2 percent cereal, 1 percent citric acid, 0.36 percent stabilizer, and various quantities of calcium and vitamins. All of the above products are imported ready for consumption in aseptic cartons holding 330 milliliters.
The applicable subheading for the Juvital ”fruit juice” products, if imported in quantities that fall within the limits described in additional U.S. note 10 to chapter 4, will be 2202.90.2400, Harmonized Tariff Schedule of the United States (HTS), which provides for waters…and other non-alcoholic beverages…other: milk-based drinks…other: Described in additional U.S. note 1 to chapter 4: Described in additional U.S. note 10 to chapter 4 and entered pursuant to its provisions. The rate of duty will be 17.5 percent ad valorem. If the quantitative limits of additional U.S. note 10 to chapter 4 have been reached, the product will be classified in subheading 2202.90.2800, HTS, and dutiable at the rate of 23.5 cents per liter plus 14.9 percent ad valorem. In addition, products classified in subheading 2202.90.2800, HTS, will be subject to additional duties based on their value, as described in subheadings 9904.04.50 to 9904.04.58, HTS.
Your initial request dated November 14, 2000 also asks for the marking and labeling requirements for the products.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the
U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
The Juvital “fruit juice” products must be conspicuously, legibly and permanently marked “Product of Spain” or “Made in Spain” in accordance with the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
Additional labeling and import requirements may be imposed on this product by the Food and Drug Administration. You may contact the FDA at:
Food and Drug Administration
Implementation & Compliance Branch
HFF 314, 200 C Street, SW
Washington, D.C. 20204
Tel.# 202-205-5321
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 212-637-7059.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division