Classification of Cranberry Juice Concentrate

HQ 084346 August 8,1989 CLA-2 CO:R:C:G CATEGORY: Classification TARIFF NO.: 2009.80.6000; 9903.23.30 Mr James J.Antonetti Henry Broch and Company International Food Brokers 9933 Lawler Ave. Suite 340 Skokie, Ill. 60077 RE: Classification of Cranberry Juice Concentrate Dear Mr. Antonetti: This is in reference to your inquiry concerning the classification of cranberry juice concentrate from Holland. FACTS: Cranberries grown in the United States are harvested, washed, blast frozen and packed in 50 pound bags. They are then sent to Holland and mixed with European cranberries in approximately a 50/50 ratio. The blended cranberries are crushed, pressed, and depectinized. The essence is stripped and the juice filtered and concentrated to about 68-70 degrees Brix. The essence is then added back to the juice. About 90 pounds of cranberries are used to make one gallon of cranberry juice concentrate. ISSUE: The classification of cranberry juice concentrate produced in Holland from a mixture of U.S. and European cranberries. -2- LAW AND ANALYSIS: Presidential Proclamation No. 5759 assessed a duty of 100 percent ad valorem on certain products of the European Community (EC). Subheading 9903.23.30,HTSUS, levies the increased duty on certain fruit juices not specially provided for, concentrated or not concentrated, whether or not sweetened, not mixed and not containing over 0.5 percent ethyl alcohol by volume ( provided for in subheading 2009.80.60). Holland is a member ofthe EC and cranberry juice is classifiable in subheading 2009.80.6000, HTSUS. The blending, crushing, pressing, filtering and other processing steps in Holland of the mixed cranberries produce a new article: juice concentrate. Thus, the processing in Holland is considered a substantial transformation; such processing having created a new article of commerce, with a new name, character, and use. As to your question concerning subheading 9813.00.05, HTSUS, to be classified under that provision, an article imported into the United States has to be repaired, altered or processed and then exported within 1 year of date of importation. HOLDING: Cranberry juice concentrate produced in Holland from a mixture of U.S. and European cranberries is a product of Holland, and pursuant to subheading 9903.23.30, HTSUS, subject to a duty rate of 100 percent ad valorem as a product of the EC. Sincerely, John Durant, Director Commercial Rulings Division 6 cc: A.D., N.Y. Seaport Hurley's library 084346