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NY R03006




January 18, 2006

CLA-2-20:RR:NC:SP:232 R03006

CATEGORY: CLASSIFICATION

TARIFF NO.: 2009.80.6029

Mr. Christian Gorfer
Zuegg Com
Via Bolzano, 2
Lana BZ
Italy 39011

RE: The tariff classification of strawberry juice from Italy

Dear Mr. Gorfer:

In your letter dated December 20, 2005 you requested a tariff classification ruling.

The subject merchandise is described as strawberry juice, which is concentrated to a Brix of 65 degrees. The product will be packaged aseptically in 22 liter pails or in 220 liter drums. It will be used by the food processing industry.

The applicable subheading for the strawberry juice will be 2009.80.6029, Harmonized Tariff Schedule of the United States (HTS), 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 strawberry 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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