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NY M84643




July 21, 2006

CLA-2-20:RR:NC:SP:232 M84643

CATEGORY: CLASSIFICATION

TARIFF NO.: 2008.80.0000; 2009.80.6029

Mr. Josef Goetz
Philipp Tropenfrucht AG
Blumenrainstrasse 9
Appenzell, Switzerland 9050

RE: The tariff classification of raspberry juice and strawberry pulp from Italy

Dear Mr. Goetz:

In your letter dated June 20, 2006 you requested a tariff classification ruling.

Information was submitted with your initial request dated May 26, 2006. The subject merchandise consists of raspberry juice and strawberry pulp. The raspberry juice is produced from fresh and frozen fruit, which is pressed, treated with enzymes, pasteurized, concentrated and frozen. The product will have a brix of 65 degrees. It will be imported in 200 liter steel drums and used in non-alcoholic beverages. The strawberry pulp is produced from fruit mixed with fruit juice, which has been sieved, pasteurized and frozen. The product will have a brix if 45 degrees. It will be imported in 200 liter drums and used in jams, etc.

The applicable subheading for the strawberry pulp will be 2008.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for fruitotherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or includedstrawberries. The rate of duty will be 11.9 percent ad valorem.

The applicable subheading for the raspberry juice will be 2009.80.6029, 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: Juice of any single fruit or vegetable: Fruit juice: Other...Berry juiceOther. The rate of duty will be 0.5 cents per liter. However, the Harmonized Tariff Schedule of the United States has been modified by adding in numerical sequence the following superior text and subheading to subchapter III of chapter 99 to the HTS:

Articles the product of Austria, Belgium, Denmark, Finland, France, the Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, or Sweden:

9903.02.36 Juice of any other single fruit, not elsewhere specified or included, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter (provided for in subheading 2009.80.60).

Under this provision, the raspberry juice concentrate from Italy, classified under subheading 2009.80.6029, HTS, is subject to a 100 percent ad valorem rate of duty.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 telephone number (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, contact National Import Specialist John Maria at 646-733-3031.

Sincerely,

Robert B. Swierupski
Director,

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