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HQ 734414

January 27, 1992

MAR-2-05 CO:R:C:V 734414 NL


Mr. David Kennedy
W.Y. Moberly, Inc.
Box 164
Sweetgrass, MT 69484

RE: Clarification of HQ 089756 (September 27, 1991); Country of Origin Marking - Reconstituted Apple Juice; Packaging Materials; Subheading 9801.00.10, HTSUS.

Dear Mr. Kennedy:

This is prompted by a memorandum of November 5, 1991, to this office from the Chief, National Import Specialist Branch 1, New York Seaport, in which it was requested that we reconsider certain portions of HQ 089756, which was issued to you on September 27, 1991. As you know, in that letter Customs Headquarters ruled on the classification and country of origin marking of certain apple juice imported from Canada.

The memorandum questions statements in the previous ruling concerning the required country of origin marking, and requests further that we answer an inquiry concerning the dutiability of certain packaging materials.

We agree that part of the discussion in the prior ruling was confusing in that it referred to fresh apples rather than apple juice concentrate. In relevant part, the previous ruling stated: "As the juice concentrate originates from apples imported from abroad, the retail packaging must be marked with its country(ies) of origin". This statement was incorrect. The original submission indicated that some of the apple juice concentrate was imported, but there was no indication as to the origin of any fresh apples. Moreover, even if apple juice concentrate had been manufactured in the U.S. from imported apples, such concentrate would not have been subject to country of origin marking, the apples having been substantially transformed into a new and different article - apple juice concentrate. If only domestic concentrate is used, no country of origin marking is required. See 19 CFR 134.32(m).

The final paragraph of the ruling correctly stated the applicable marking requirement, that the reconstituted juice must be marked with the names of major supplier countries of apple juice concentrate in accordance with T.D. 89-66. Any reference to a requirement that apple juice be marked with the country of origin of the fresh apples from which it is produced is erroneous and is to be disregarded.

Materials of U.S. origin were used to package the reconstituted juice in Canada. The materials should be classified as U.S. goods returned under subheading 9801.00.10, Harmonized Tariff Schedule of the United States (HTSUS). See Headquarters Ruling Letter 731806 (November 18, 1988).


HQ 089756 is modified accordingly. The U.S. origin packaging materials are to be classified under subheading 9801.00.10, HTSUS.


John Durant
Director, Commercial

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