CLA-2:OT:RR:NC:N2:N232
Matt Herzog
CAJ Food Product, Inc.
11650 Olio Rd, Suite 1000
Fishers, IN 46037
RE: The tariff classification of “Tart Cherry Juice” and “Beet Juice with B12” from Austria
Dear Mr. Herzog:
In your letter dated January 14, 2020, you requested a tariff classification ruling. This office will retain the samples that were submitted with this ruling.
The subject merchandise is two juice products. “Tart Cherry Juice” is composed of 98 percent tart cherry juice and 2 percent coconut juice. The “Tart Cherry Juice” will be imported into the United States in 200 ml ready-to-drink cans, in cases of 12 cans per shrink-wrap tray.
“Beet Juice with B12” is composed of 99.8 percent beet juice, 0.2 percent of citric acid and is fortified with less than 1 percent of vitamin B12. “Beet Juice with B12” will be imported into the United States in 200 ml ready-to-drink cans, in cases of 12 cans per shrink-wrap tray.
The applicable subheading for the “Tart Cherry Juice” will be 2009.90.4000, 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: Mixtures of juices: Other. The duty rate will be 7.4 cents per litter. In addition, products classified in subheading 2009.90.4000, HTSUS, will be subject to additional duties based on their value, as described in subheadings 9902.01.14, HTSUS.
The applicable subheading for the “Beet Juice with B12” will 2202.99.3600, 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: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Mixtures of juices. The rate of duty will be the rate applicable to the natural juice in heading 2009. The corresponding subheading in heading 2009 will be 2009.89.80. 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 the World Wide Web at https://hts.usitc.gov/current.
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.
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 Frank Troise at frank.l.troise.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division