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HQ 089756

September 27, 1991

CLA-2 CO:R:C:F 089756 SLR


TARIFF NO.: 2009.70.0090

Mr. David Kennedy
W.Y. Moberly, Inc.
Box 164
Sweetgrass, MT 59484

RE: Apple Juice; Fruit Juice of Heading 2009; Country of Origin Marking.

Dear Mr. Kennedy:

This is in response to your May 20, 1991 letter, submitted on behalf of Tree Top, Inc., requesting the proper classification of apple juice under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A description of the product follows.


The subject merchandise includes apple juice concentrate, apple juice essence (the flavor and smell), 250 ml boxes, and corrugated trays, all of which are produced in the U.S., and individual straws manufactured in South Korea.

The concentrate is derived from the squeezing of apples imported into the U.S. from West Germany, Austria, Hungary, Chile and/or Argentina. The essence is entirely U.S. sourced. The product's packaging bears the statement "Product of the U.S.A., West Germany, Austria, Hungary, Chile and Argentina". Reference to Selah, Washington is also made.

The apple juice concentrate, essence, straws and packaging materials are shipped to Canada. Water is added to the concentrate and essence to produce reconstituted apple juice. The apple juice is then packaged in the U.S.-made 250 ml boxes. The boxes and straws are shrink wrapped into three-pack sets. (The shrink wrap is produced in Canada.) Nine three-pack sets are packaged onto the corrugated trays and are again shrink wrapped. The packaged apple juice is then shipped to the U.S.


I. What is the classification of the apple juice product under the HTSUSA?

II. What country of origin marking requirements apply?



Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Heading 2009, HTSUSA, provides for fruit juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter. This describes the apple juice product. Consequently, the product is classifiable in heading 2009, HTSUSA.


As the juice concentrate originates from apples imported from abroad, the retail packaging must be marked with its country(ies) of origin. In the case of juices, Customs has determined that marking may be accomplished by indicating the "major supplier" sources of the juice (or, as here, the juice concentrate). See T.D. 89-66. Under this method of marking, an importer may satisfy the requirements of 19 U.S.C. 1304 by listing, in a conspicuous location, the names of up to ten supplier countries. The source countries of at least 75 percent of the juice or concentrate must be accounted for, and must represent the sources actually used in the lot. It is not permissible to list names representative of a past importing period.

It is further noted that as the juice concentrate is from a source other than the U.S., the outer, bulk packaging, since it bears a reference to a location (Selah, Washington) other than the country of origin, must also bear the name of the country(ies) of origin in close proximity to such reference in accordance with 19 CFR 134.46. The reference to the country(ies) of origin must be accompanied by the words "Made in" or "Product of" or words to similar effect.


The apple juice product is classifiable in subheading 2009.70.0090 HTSUSA, which provides for fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter: apple juice, not concentrated. Products classifiable under this provision enter the U.S. duty free.

The apple juice product must be marked to indicate the major supplier sources of the juice concentrate. Moreover, the product must be marked in conformity with 19 CFR 134.46.


John Durant, Director
Commercial Rulings Division

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