CLA-2 CO:R:C:F 955893 K
TARIFF No.: 2202.90.90
Ms. Mary Anne Perry
Wilson UTC, Inc.
651 Gateway Blvd., #600
South San Francisco, California 94080
RE: Classification of Martinelli's Sparkling Apple Juice
The following is our response to your request of January 21,
1994, for a tariff classification ruling for the product referenced
The sample consists of a dark green bottle with a crown cap
and the label describes the contents as "Sparkling Apple Juice".
The label indicates that the container has a capacity of 750 ml
and that it contains no alcohol. The ingredients are listed as
apple juice, carbon dioxide, and ascorbic acid. The label further
describes the product as pressed from fresh apples,
that contains no water or concentrates and contains 100 % of
vitamin C per portion of 175 ml.
The issue is whether the addition of carbon dioxide to apple
juice to create a sparkling apple juice precludes classification
of the product as apple juice under subheading 2009.70.0090,
Harmonized Tariff Schedule of the United States (HTSUS).
LAW AND ANALYSIS:
Subheading 2009.70.0090, HTSUS, provides for a free general
rate of duty for apple juice not concentrated. The Explanatory
Notes (EN) to the Harmonized Commodity Description and Coding
System, which represents the official interpretation of the tariff
at the international level, facilitate classification
under the HTSUS by offering guidance in understanding the scope of
the headings and General Rules of Interpretation of the HTSUS.
The EN for heading 2009, HTSUS, generally describes various
manufacturing processes of the juices and the additions of
constituents that would not preclude coverage under heading 2009.
The manufacturing processes are generally those that help to
prevent fermentation and to preserve the juices and the addition
of standardising agents to restore the constituents destroyed or
damaged during the manufacturing processes.
The EN specifically permit "products added to preserve
fermentation (e.g., sulphur dioxide, carbon dioxide, enzymes)."
However, the EN further state that "fruit or vegetable juices
containing a greater quantity of carbon dioxide than is normally
present in juices treated with that product (aerated fruit juices),
and also lemonades and aerated water flavoured with fruit juice are
also excluded (heading 22.02)."
The product is describe as "Sparkling Apple Juice". The
addition of carbon dioxide makes the juice sparkle, that is, to
effervesce or bubble, as soda water and some wines. The addition
of the carbon dioxide goes beyond preservation permitted by the
EN. The "Sparkling Apple Juice" is precluded from coverage under
headnote 2009 and is classified in heading 2202.
A product known as "Sparkling Apple Juice" in which carbon
dioxide is added to apple juice to cause the beverage to sparkle
is classified in subheading 2202.90.90, HTSUS, as other
nonalcoholic beverages, with duty at the general rate of 0.3 cents
John Durant, Director
Commercial Rulings Division