CLA-2-20:OT:RR:NC:2:235
Mr. Sal Distefano
RE: The tariff classification of Enjoy Brand Pineapple Juice and Enjoy Brand Apple Juice from Egypt
Dear Mr. Distefano:
In your letter dated January 22, 2013 you requested a tariff classification ruling.
The subject products are Enjoy Brand Pineapple Juice and Enjoy Brand Apple Juice. Additional information was requested from you regarding the Brix value of the instant product. We also requested information on the source of the vitamins listed on product labeling. You provided us with the Brix information we requested, but stated that the information on the source of the vitamins was not available. For purposes of this ruling we assume that the vitamins indicated on nutrition labels, are from the natural fruits. Vitamins are not listed on products ingredients labels or other documentation and therefore do not appear to be additions to the products. Both the apple and pineapple juice concentrates are reconstituted with water prior to importation. Both products are imported at a Brix value that indicates that they are at single strength.
The applicable subheading for the Enjoy Brand Pineapple Juice will be 2009.41.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: Pineapple juice: Of a Brix value not exceeding 20: Not concentrated, or having a degree of concentration of not more than 3.5 (as determined before correction to the nearest 0.5 degree). The duty rate will be 4.2 cents per liter.
The applicable subheading for the Enjoy Brand Apple Juice will be 2009.71.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Fruit juices (including grape must) and vegetable 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 duty rate will be free.
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 website www.fda.gov/oc/bioterrorism/bioact.html.
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,
Thomas J. Russo
Director
National Commodity Specialist Division