The tariff classification of Mushroom Juice Concentrate from Chile and/or China

NY L82162 February 14, 2005 CLA-2-20:RR:NC:SP:232 L82162 CATEGORY: Classification TARIFF NO.: 2009.80.8031; 2009.80.8039 Mr. Paul G. Rath Brighton International Products Corporation 36 Tanglewood Drive West Orchard Park, NY 14127 RE: The tariff classification of Mushroom Juice Concentrate from Chile and/or China Dear Mr. Rath: In your letter dated January 12, 2005, you requested a tariff classification ruling. You submitted descriptive literature with your request. The subject merchandise is described as frozen, concentrated mushroom juice that will be imported in 55-gallon drums or 5-gallon pails. It is said to be obtained by mashing and pressing cleaned mushrooms, centrifuging and filtering the resulting juice, and then concentrating and freezing it. It will be used in the manufacturing of soup and/or gravy. The applicable subheading for the concentrated mushroom juice, if the containers are airtight, will be 2009.80.8031, 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 other single fruit or vegetable: Vegetable juice…In airtight containers. The duty rate will be 0.2 cents per liter. If the containers are not airtight, the applicable subheading for the concentrated mushroom juice will be 2009.80.8039, 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 other single fruit or vegetable: Vegetable juice…Other. The duty rate will be 0.2 cents per liter. Articles classifiable under subheadings 2009.80.8031 and 2009.80.8039, HTS, which are products of Chile, are currently entitled to duty free treatment under the United States-Chile Free Trade Agreement (UCFTA ) upon compliance with all applicable regulations. 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 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 CFR 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, National Commodity Specialist Division