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NY A80507




March 1, 1996

CLA-2-20:RR:NC:FC:232 A80507

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.80.6020

Mr. Joel Horowitz
Mara Shipping Inc.
Hemisphere Center, Rte. 1&9 South
Newark, New Jersey 07114

RE: The tariff classification of raspberry juice concentrate from Holland.

Dear Mr. Horowitz:

In your letter dated February 9, 1996, on behalf of SVZ International B.V. in Holland, you requested a tariff classification ruling.

Information and a sample were submitted with your initial request dated December 15, 1995. The subject merchandise is stated to contain a blend of 50 percent Hungarian and 50 percent Dutch raspberry juice concentrates. Raspberries (fresh, frozen or puree) from Hungary and Poland, will be processed into a concentrated juice in Hungary. This concentrated juice will be sent to Holland, where it will be blended with a raspberry juice concentrate produced in Holland from raspberries (fresh, frozen or puree) from Hungary and Poland. The submitted sample indicates that the product is concentrated to 65 Brix and contains 12.18 percent citric acid. The submitted information indicates that the citric acid is from the raspberries and is not an added ingredient.

The applicable subheading for the blend of 50 percent raspberry juice concentrate from Hungary and 50 percent raspberry juice concentrate from Holland will be 2009.80.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for fruit juices (including grape must)...not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter...juice of any single fruit or vegetable...other...berry juice. The rate of duty will depend on the country of origin of the raspberry juice concentrate. The rate of duty will be 0.7 cents per liter for the raspberry juice concentrate produced in Hungary. Articles classifiable under subheading 2009.80.6020, HTS, which are products of Hungary are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations, if the GSP is renewed. The raspberry juice concentrate produced in Holland will be subject to a 100 percent ad valorem rate of duty under item 9903.23.30, HTS. If by sampling, documentation, etc., verification can be made that the imported product contains 50 percent raspberry juice from Hungary and 50 percent raspberry juice from Holland, the applicable rate of duty will be applied for the portion from Hungary and the portion from Holland. If verification can not be made that the product contains 50 percent raspberry juice from Hungary and 50 percent raspberry juice from Holland, the entire juice blend will be subject to the 100 percent duty rate under item 9903.23.30, HTS.

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 212-466-5730.

Sincerely,

Roger J. Silvestri
Director,

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