HQ 084346
August 8,1989
CLA-2 CO:R:C:G
Mr James J.Antonetti
Henry Broch and Company
International Food Brokers
9933 Lawler Ave.
Suite 340
Skokie, Ill. 60077
RE: Classification of Cranberry Juice Concentrate
Dear Mr. Antonetti:
This is in reference to your inquiry concerning the
classification of cranberry juice concentrate from Holland.
FACTS:
Cranberries grown in the United States are harvested,
washed, blast frozen and packed in 50 pound bags. They are then
sent to Holland and mixed with European cranberries in
approximately a 50/50 ratio. The blended cranberries are
crushed, pressed, and depectinized. The essence is stripped and
the juice filtered and concentrated to about 68-70 degrees Brix.
The essence is then added back to the juice. About 90 pounds of
cranberries are used to make one gallon of cranberry juice
concentrate.
ISSUE:
The classification of cranberry juice concentrate produced
in Holland from a mixture of U.S. and European cranberries.
-2-
LAW AND ANALYSIS:
Presidential Proclamation No. 5759 assessed a duty of 100
percent ad valorem on certain products of the European Community
(EC). Subheading 9903.23.30,HTSUS, levies the increased duty on
certain fruit juices not specially provided for, concentrated or
not concentrated, whether or not sweetened, not mixed and not
containing over 0.5 percent ethyl alcohol by volume ( provided
for in subheading 2009.80.60).
Holland is a member ofthe EC and cranberry juice is
classifiable in subheading 2009.80.6000, HTSUS.
The blending, crushing, pressing, filtering and other
processing steps in Holland of the mixed cranberries produce a
new article: juice concentrate. Thus, the processing in Holland
is considered a substantial transformation; such processing
having created a new article of commerce, with a new name,
character, and use.
As to your question concerning subheading 9813.00.05,
HTSUS, to be classified under that provision, an article imported
into the United States has to be repaired, altered or processed
and then exported within 1 year of date of importation.
HOLDING:
Cranberry juice concentrate produced in Holland from a
mixture of U.S. and European cranberries is a product of Holland,
and pursuant to subheading 9903.23.30, HTSUS, subject to a duty
rate of 100 percent ad valorem as a product of the EC.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc: A.D., N.Y. Seaport
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