CLA-2-20:RR:NC:SP:232 K81439

Mr. Thomas Berbas
Excite! Beverage Company Ltd.
211 E. Ontario Street-Suite 1800
Chicago, IL 60611

RE: The tariff classification of Tiger Bay Juices from the United Kingdom

Dear Mr. Berbas:

In your letter dated November 24, 2003 you requested a tariff classification ruling.

Samples and information were submitted with your initial request dated September 15, 2003. The subject merchandise consists of Pure Oranges Tiger Juice and Pure Apples Tiger Juice. The product labels indicate that the Pure Oranges product contains pure squeezed orange juice, and the Pure Apples product contains pure squeezed apple juice. Both items have a Brix of less than 20, and both items contain no added ingredients. They will be packaged in 250 milliliter PET bottles

The applicable subheading for the Pure Oranges Tiger Juice will be 2009.12.2500, Harmonized Tariff Schedule of the United States (HTS), 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: Orange Juice…Not frozen, of a Brix value not exceeding 20: Not concentrated and not made from a juice having a degree of concentration of 1.5 or more (as determined before correction to the nearest 0.5 degree). The rate of duty will be 4.5 cents per liter.

The applicable subheading for the Pure Apples Tiger Juice will be 2009.71.0000, Harmonized Tariff Schedule of the United States (HTS), 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: Apple juice: Of a brix value not exceeding 20. The rate of duty will be free.

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,
National Commodity
Specialist Division