The tariff classification of "Acai Frozen Juice Concentrate" from Brazil

N029163 October 8, 2008 CLA-2-22:RR:NC:N2:232 CATEGORY: Classification TARIFF NO.: 2009.80.6090 Ms. Virginia Patterson ETB Corporation 1838 El Camino Real, Suite 215 Burlingame, CA 94010 RE: The tariff classification of “Acai Frozen Juice Concentrate” from Brazil Dear Ms. Patterson: In your letter dated May 9, 2008, you requested a tariff classification ruling. You supplied samples with your request and the samples were forwarded to the Customs laboratory for analysis. According to Customs Laboratory Report no. NY20080895, dated October 2, 2008, “Acai Juice concentrate” has a BRIX of 10.5. It will be imported as a frozen juice concentrate in two forms: 12 percent solids and 24 percent solids and two versions: Organic and Conventional. All products are stated to contain 99.5 percent Acai juice and 0.45 percent lemon juice concentrate. The “Acai frozen juice concentrate” will be shipped in 18 kilogram plastic pails or in 185 kilogram metal drums lined with plastic. The applicable subheading for "Acai Frozen Juice Concentrate”, will be 2009.80.6090, 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...Other. The rate of duty will be 0.5 cents per liter. Articles classifiable under subheading 2009.80.60.90, HTS, which are products of Brazil, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP". 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 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 Frank Troise at 646-733-3031. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division