CLA-2-20:OT:RR:NC:N2:N232

Dave Hamburger
All-Ways Forwarding
701 Newark Avenue
Elizabeth NJ  07208

RE:      The tariff classification of the Saba Mitica® Grape Must Reduction from Italy

Dear Mr. Hamburger:

In your letter dated January 13, 2023, you requested a tariff classification ruling on behalf of your client Forever Cheese LLC. A sample of the product, an ingredients breakdown, a manufacturing flowchart, and descriptive literature were included with your inquiry. The sample was examined and discarded.

The subject merchandise, Saba Mitica® Grape Must Reduction, is described as 100 percent cooked grape must. It has a Brix value of 68, an acetic acid content of 1 percent, and has a syrupy, viscous texture. The grape must is cooked, filtrated, bottled in 250-ml glass bottles, capped, sealed, labeled, and packaged. It is noted that the grape must has not been fermented during its manufacture. The product will be put up for retail sale upon importation into the United States.

The applicable subheading for the Saba Mitica® Grape Must Reduction will be 2009.69.0060, 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: grape juice (including grape must): other: other. The general rate of duty will be 4.4 cents per liter.

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, please contact National Import Specialist Frank Troise at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division