CLA-2-22:RR:NC:SP:232 G88897
Ms. Cheryl Ellsworth
Harris Ellsworth & Levin
The Watergate
2600 Virginia Avenue NW, Suite 1113
Washington, DC 20037-1905
RE: The tariff classification of Fruit Juices from the Dominican Republic
Dear Ms. Ellsworth:
In your letter dated March 20, 2001, on behalf of Empresas La Famosa, Inc. (ELF), of Toa Baja, Puerto Rico, you requested a tariff classification ruling.
You submitted descriptive literature and samples with your request. The subject merchandise is four varieties of fruit juice. The juice concentrates will be reconstituted to single strength, homogenized, pasteurized, and then put into 12 ounce cans for retail sale and immediate consumption. All of these products are fortified by the addition of ascorbic acid (Vitamin C). The grapefruit juice is said to consist of water, grapefruit juice concentrate, and ascorbic acid. The orange juice is said to consist of water, orange juice concentrate, and ascorbic acid. The orange-pineapple juice is said to contain water, pineapple juice concentrate, orange juice concentrate, and ascorbic acid. The pineapple juice is said to consist of water, pineapple juice concentrate, and ascorbic acid.
The applicable subheading for the orange juice will be 2202.90.3500, Harmonized Tariff Schedule of the United States (HTS), 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: Fruit or vegetable juices, fortified with vitamins or minerals: Orange juice: Other. The duty rate will be 7.85 cents per liter.
The applicable subheading for the grapefruit juice will be 2202.90.3600, Harmonized Tariff Schedule of the United States (HTS), 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: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Juice of any single fruit or vegetable. The duty rate will be 7.9 cents per liter.
The applicable subheading for the pineapple juice will be 2202.90.3600, Harmonized Tariff Schedule of the United States (HTS), 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: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Juice of any single fruit or vegetable. The duty rate will be 4.2cents per liter.
The applicable subheading for the orange-pineapple juice will be 2202.90.3700, Harmonized Tariff Schedule of the United States (HTS), 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: Fruit or vegetable juices, fortified with vitamins or minerals: Other: Mixtures of juices. The duty rate will be 7.4 cents per liter.
Articles classifiable under subheadings 2202.90.3500, 2202.90.3600, and 2202.90.3700, HTS, which are products of the Dominican Republic may be entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.
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 212-637-7059.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division