CLA-2-22:OT:RR:NC:2:235
Ms. Michele Peplinski
Parker’s Organic Fruit Juice
3812 N. Stratford Road
Atlanta, GA 30342
RE: The tariff classification of various Parker’s Organic Fruit Based Beverages from Australia
Dear Ms. Peplinski:
In your letter dated September 2, 2010 you requested a tariff classification ruling. The original ruling request dated April 9, 2010, was returned to you for additional information.
You indicate that all of your products are 100 percent juice except for two beverages, lemonade and Ginger Beer. Some of these products contain concentrate and some contain fresh juice. You also indicate that the products labeled as “sparkling” contain 4 grams per liter of Carbon Dioxide.
The following products listed below consist of the following ingredients as per the labels and data submitted to this office:
Parkers Organic Sparkling Apple with a Twist of Lime: 50 percent organic apple, 5 percent organic grape and organic lime juices from concentrate. Carbonated water has been added to bring the final Brix value of this product to a Brix of 13. The percentage of water was not included in the data provided for this product.
Parkers Organic Sparkling Pink Lemonade: 9 percent grape juice concentrate, 7 percent apple juice concentrate, 1 percent lemon juice concentrate, 0.5 percent strawberry juice concentrate and 83 percent water. The final product has a Brix of 13.
Parkers Organic Ginger Beer: Carbonated water, organic cane sugar, and Australian organic ginger.
Parkers Organic Lemonade: Carbonated water, organic cane sugar organic lemon juice and natural flavor.
The applicable subheading for the Parkers Organic Lemonade and Parkers Organic Ginger Beer will be 2202.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored: Carbonated soft drinks: Other.” The rate of duty will be 0.2 cents per liter.
The applicable subheading for the Parkers Organic Sparkling Apple with a Twist of Lime and the Parkers Organic Sparkling Pink Lemonade will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: Other: Other.” The rate of duty will be 0.2 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.
Information on labeling requirements can be obtained by writing to the Food and Drug Administration (FDA) at 5100 Paint Branch Parkway, College Park MD 20740 (ATTN HFS-820).
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division